Gender Recognition Act 2004

[F1 3D Evidence for granting applications on alternative grounds: Scotland S

(1) This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C.

(2) The application must include either—

(a) a report made by a registered medical practitioner, or

(b) a report made by a registered psychologist practising in the field of gender dysphoria.

(3) If the application is based on the applicant having or having had gender dysphoria—

(a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria, and

(b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant's gender dysphoria.

(4) Subsection (2) is not complied with in a case where—

(a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or

(b) treatment for that purpose has been prescribed or planned for the applicant,

unless the report required by that subsection includes details of it.

(5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3C(3) and (4).

(6) The application must include—

(a) a statutory declaration as to whether or not the applicant is married or a civil partner,

(b) any other information or evidence required by an order made by the Scottish Ministers, and

(c) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

[F2 (7) If the applicant is—

(a) married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage,

(b) a party to a civil partnership, the application must include a statutory declaration as to whether the civil partnership is a protected Scottish civil partnership.]

(8) If the applicant is married, and the marriage is a protected Scottish marriage, the application must also include—

(a) a statutory declaration of consent (within the meaning of section 3(6D)(b)(i)) by the applicant's spouse (if the spouse has made such a declaration), or

(b) a statutory declaration by the applicant that no such declaration by the applicant's spouse is included.

[F3 (8A) If the applicant is a party to a protected Scottish civil partnership, the application must also include—

(a) a statutory declaration of consent (within the meaning of section 3(6G)(b)(i)) by the applicant's civil partner (if the civil partner has made such a declaration), or

(b) a statutory declaration by the applicant that no such declaration by the applicant's civil partner is included.]

(9) If the application includes a statutory declaration of consent by the applicant's spouse [F4 or (as the case may be) civil partner], the Panel must give the spouse [F5 or civil partner] notice that the application has been made.

(10) If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.]

Textual Amendments

F1 S. 3D inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 17; S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, Sch.

F2 S. 3D(7) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(3)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F3 S. 3D(8A) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(3)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F4 Words in s. 3D(9) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(3)(c)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F5 Words in s. 3D(9) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(3)(c)(ii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)