Act of Sederunt (Ordinary Cause Rules) Amendment (Gender Recognition Act 2004) 2005

Amendment of the Ordinary Cause Rules

2.—(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(1) are amended in accordance with sub paragraphs (2) and (3).

(2) In rule 33.1(2), after the definition of “contact order” insert–

• ““full gender recognition certificate” and “interim gender recognition certificate” mean the certificates issued as such under section 4 or 5 of the Gender Recognition Act 2004(2);

• “Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Gender Recognition Act 2004;”.

(3) After rule 33.9, insert–

“Productions in action of divorce on ground of issue of interim gender recognition certificate

33.9A.— (1) This rule applies where, in an action of divorce, the ground on which decree of divorce may be granted is that an interim gender recognition certificate has, after the date of the marriage, been issued to either party to the marriage.

(2) Unless the sheriff otherwise directs, a warrant for citation shall not be granted without there being produced with the initial writ–

(a) where the pursuer is the subject of the interim gender recognition certificate, the interim gender recognition certificate or, failing that, a certified copy of the interim gender recognition certificate; or

(b) where the pursuer is the spouse of the person who is the subject of the interim gender recognition certificate, a certified copy of the interim gender recognition certificate.

(3) For the purposes of this rule, a certified copy of an interim gender recognition certificate shall be a copy of that certificate sealed with the seal of the Gender Recognition Panels and certified to be a true copy by an officer authorised by the President of Gender Recognition Panels.

Application for corrected gender recognition certificate

33.9B.   An application for a corrected gender recognition certificate under section 6 of the Gender Recognition Act 2004 by–

(a) the person to whom a full gender recognition certificate has been issued; or

(b) the Secretary of State,

shall be made by minute in the process of the action pursuant to which the full gender recognition certificate was issued.”.

(1)

1907 c. 51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 566, 2003/25 and 26, 2004/197 and 350 and 2005/20.

(2)

2004 c. 7.