Applications for gender recognition certificate

Alternative grounds for granting applications: Scotland (English and Welsh and Northern Ireland residents)
3E
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 this section.
2
In this section, and section 3F, in so far as those sections extend to England and Wales
or to Northern Ireland
, “protected Scottish civil partnership” and “protected Scottish marriage” have the meanings given by section 25.
3
The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3F and meets the conditions in subsections (4) to (7).
4
The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish civil partnership on or before the date the application was made.
5
The second condition is that the applicant—
a
was living in the acquired gender six years before the commencement of section 29 of the Marriage and Civil Partnership (Scotland) Act 2014
(but see subsection (5A))
;
b
continued to live in the acquired gender until the date the application was made; and
c
intends to continue to live in the acquired gender until death.
5A
Where the applicant is ordinarily resident in Northern Ireland, subsection (5)(a) has effect as if for the words after “was living in the acquired gender” there was substituted “on 13 January 2014”.
6
The third condition is that the applicant—
a
has or has had gender dysphoria; or
b
has undergone surgical treatment for the purpose of modifying sexual characteristics.
7
The fourth condition is that the applicant is ordinarily resident in England or Wales
or in Northern Ireland
.
8
The Panel must reject the application if not required by subsection (3) to grant it.
Ss. 3E, 3F inserted (E.W.S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 15(4)
S. 3E extended to Northern Ireland (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), reg. 43(1) (with regs. 6-9)
S. 3E(5A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), reg. 43(6) (with regs. 6-9)
Words in s. 3E(2) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), reg. 43(4) (with regs. 6-9)
Words in s. 3E(5)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), reg. 43(5) (with regs. 6-9)
Words in s. 3E(7) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 43(7) (with regs. 6-9)
Words in s. 3E heading inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), reg. 43(2) (with regs. 6-9)