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Gender Recognition Act 2004

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There are currently no known outstanding effects for the Gender Recognition Act 2004, Cross Heading: Issue of full certificate after interim certificate: applicant married or a civil partner. Help about Changes to Legislation

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Changes to Legislation

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[F1Issue of full certificate after interim certificate: applicant married [F2or a civil partner]U.K.

Textual Amendments

F1Ss. 4A, 4B and cross-heading inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 4; S.I. 2014/3169, art. 2

4AMarried person [F3or civil partner] with interim certificate: issue of full certificateU.K.

(1)A Gender Recognition Panel must issue a full gender recognition certificate to a person [F4if subsection (2) applies].

(2)[F5This subsection applies if], on an application by the person, 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 marriage [F6or a protected civil partnership] at the time when the interim gender recognition certificate was issued;

(c)the person is a party to a protected marriage [F7or a protected civil partnership]; and

(d)the person's spouse [F8or civil partner] now consents to the marriage [F9or civil partnership] continuing after the issue of the full gender recognition certificate.

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If, on an application under subsection (2) F11..., the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

(5)An application under subsection (2) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An application under subsection (2) F13... must include a statutory declaration of consent made by the person's spouse [F14or civil partner].

F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)If an application is made under [F16subsection (2)], the Gender Recognition Panel must give the applicant's spouse [F17or civil partner]—

(a)notice of the application; and

(b)if the Panel grants the application, notice of the issue of the full gender recognition certificate.

F18(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4BApplication under section 4A: death of spouse [F19or civil partner] U.K.

(1)In a case where an application is made under section 4A(2) F20... and the applicant's spouse [F21or civil partner] dies before the application is determined—

(a)the application is to be treated as an application, made under section 5(2) in a case where a spouse has died [F22or under section 5A(2) in a case where a civil partner has died], for a full gender recognition certificate to be issued; and

(b)that application is to be treated as having been made at the time when the application under section 4A was made.

(2)The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application.

(3)In this section—

  • “ new application ” means the application under section 5(2) [F23or (as the case may be) section 5A(2)] which the person is, by virtue of subsection (1), treated as having made;

  • “ required evidence ” means the evidence required by section 5(4) [F24or (as the case may be) section 5A(4)]. ]

Textual Amendments

[F254C [F26Married person or civil partner with interim certificate: issue of full certificate (Scotland)]S

(1)A Gender Recognition Panel must issue a full gender recognition certificate to a person [F27if, on an application by the person (“the applicant”), the Panel is satisfied that the conditions set out in subsection (1A) are met].

[F28(1A)The conditions referred to in subsection (1) are—

(a)an interim gender recognition certificate has been issued to the applicant,

(b)when the interim gender recognition certificate was issued, the applicant and another person (“P”) were the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,

(c)the applicant and P are still, or have since become, the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership, and

(d)P consents to the marriage or civil partnership continuing after the issue of a full gender recognition certificate.]

F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If, on an application under subsection [F30(1)], the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

(5)An application under subsection [F31(1)] must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

F32(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An application under subsection [F33(1)] must include a statutory declaration of consent (within the meaning of section 3(6D)(b)(i) [F34or (6G)(b)(i)]) made by the person's spouse [F35or (as the case may be) civil partner].

F36(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)If an application is made under this section, the Panel must give the applicant's spouse [F37or (as the case may be) civil partner]—

(a)notice of the application, and

(b)if the Panel grants the application, notice of the issue of the full gender recognition certificate.

Textual Amendments

Modifications etc. (not altering text)

4D[F38Application under section 4C: death of spouse or civil partner]S

(1)In a case where an application is made under section [F394C] and the applicant's spouse [F40or (as the case may be) civil partner] dies before the application is determined—

(a)the application is to be treated as an application, made under section 5(2) in a case where a spouse [F41or civil partner] has died, for a full gender recognition certificate to be issued, and

(b)that application is to be treated as having been made at the time when the application under section 4C was made.

(2)The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application.

(3)In this section—

  • “ new application ” means the application under section 5(2) which the person is, by virtue of subsection (1), treated as having made,

  • “ required evidence ” means the evidence required by section 5(4).

Textual Amendments

4E[F42Married person or civil partner with interim certificate: issue of full certificate on application to the sheriff (Scotland)]S

(1)A person may make a summary application to the sheriff for the issue of a full gender recognition certificate where—

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

[F43(b)the person and another person (“P”) are the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,]

(c)the person is not in possession of a statutory declaration by [F44P] that [F45P] consents to the marriage [F46or (as the case may be) civil partnership] continuing after the issue of a full gender recognition certificate.

(2)The sheriff must grant an application made under subsection (1) if the sheriff is satisfied that—

[F47(a)at the time when the interim gender recognition certificate was issued, the applicant and P were the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,

(b)the applicant is still a party to that protected Scottish marriage, and]

(c)the application was made within the period of six months beginning with the day on which the interim gender recognition certificate was issued.

(3)If an application is made under this section, the sheriff must give the applicant's spouse [F48or (as the case may be) civil partner]—

(a)notice of the application, and

(b)if the sheriff grants the application, notice of the issue of the full gender recognition certificate.

(4)Where the sheriff issues a full gender recognition certificate, the sheriff must send a copy to the Gender Recognition Panel.]

Textual Amendments

F494FDeath of civil partner or spouse: issue of full certificate (Scotland)S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5[F50Issue of full certificates where applicant has been married]U.K.

(1)A court which—

(a)makes [F51final a nullity of marriage order made] on the ground that an interim gender recognition certificate has been issued to a party to the marriage, F52...

[F53(aa)(in Northern Ireland) makes absolute a decree of nullity granted on that ground, or]

(b)(in Scotland) grants a decree of divorce on that ground,

must, on doing so, issue a full gender recognition certificate to that party and send a copy to the Secretary of State.

[F54(1A)Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the interim gender recognition certificate was issued, by the sheriff under section 4E.]

(2)If an interim gender recognition certificate has been issued to a person and either—

(a)the person’s marriage is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or

(b)the person’s spouse dies within that period,

the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again married [F55or is a civil partner]).

(3)That period is the period of six months beginning with the day on which the marriage is dissolved or annulled or the death occurs.

(4)An application under subsection (2) must include evidence of the dissolution or annulment of the marriage and the date on which proceedings for it were instituted, or of the death of the spouse and the date on which it occurred.

(5)An application under subsection (2) is to be determined by a Gender Recognition Panel.

(6)The Panel—

(a)must grant the application if satisfied that the applicant [F56is neither married nor a civil partner], and

(b)otherwise must reject it.

(7)If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

Textual Amendments

F56Words in s. 5(6)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(3)(b), 263; S.I. 2005/3175, art. 3, Sch. 2

[F575AIssue of full certificates where applicant has been a civil partnerU.K.

(1)A court which—

(a)makes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, or

(b)(in Scotland) grants a decree of dissolution on that ground,

must, on doing so, issue a full gender recognition certificate to that civil partner and send a copy to the Secretary of State.

[F58(1A)Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the interim gender recognition certificate was issued, by the sheriff under section 4E.]

(2)If an interim gender recognition certificate has been issued to a person and either—

(a)the person’s civil partnership is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or

(b)the person’s civil partner dies within that period,

the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again a civil partner or is married).

(3)That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs.

(4)An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner and the date on which it occurred.

(5)An application under subsection (2) is to be determined by a Gender Recognition Panel.

(6)The Panel—

(a)must grant the application if satisfied that the applicant is neither a civil partner nor married, and

(b)otherwise must reject it.

(7)If the Panel grants the application it must issue a full gender recognition certificate to the applicant.]

Textual Amendments

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