The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Modification of the 2004 Act

17.—(1) In their application to civil partnerships changed into marriages in accordance with this Part, the following provisions of the 2004 Act have effect subject to the following modifications.

(2) In section 4C(1) (married person with interim certificate: issue of full certificate (Scotland))—

(a) in subsection (3)—

(i) paragraph (c) has effect as if for the words “and the parties” to the end were substituted by “and within the period of six months beginning with the day on which that certificate was issued a declaration was signed by a registration officer or authorised person in relation to that civil partnership in accordance with Part 2 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014”;

(ii) paragraph (d) has effect as if for the words “submitting of notice has” were substituted by “signing of the declaration”;

(b) for subsection (8) substitute—

“(8) An application under subsection (3) must also include evidence of the declaration referred to in subsection (3)(c).”.

(3) For section 4F(2) (death of civil partner or spouse: issue of full certificate (Scotland)), substitute—

“4F.    Death of a civil partner or spouse: issue of full certificate (Scotland)

(1) A Gender Recognition Panel must issue a full gender recognition certificate to a person where the Panel is satisfied that—

(a) an interim gender recognition certificate has been issued to the person;

(b) the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued;

(c) the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977);

(d) within the period of six months beginning with the day on which the interim gender recognition certificate was issued a declaration was signed by a registration officer or authorised person in relation to that civil partnership in accordance with Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; and

(e) the person’s spouse died—

(i) within the period of six months beginning with the day on which the civil partnership became a marriage; and

(ii) after the period of six months beginning with the day on which the interim gender recognition certificate was issued.

(2) If, on an application under subsection (1), the Panel is not satisfied—

(a) as mentioned in that subsection; or

(b) that the person is neither married nor a civil partner,

the Panel must reject the application.

(3) An application under subsection (1) must be made within the period of six months beginning with the day on which the death occurs.

(4) An application under subsection (1) must include evidence of—

(a) the death of the person’s spouse and the date on which it occurred;

(b) the declaration referred to in subsection (1)(d).”.

(1)

Section 4C was inserted by the 2014 Act, schedule 2, paragraph 5. It will come into force on 16th December 2014.

(2)

Section 4F was inserted by the 2014 Act, schedule 2, paragraph 5. It will come into force on 16th December 2014.