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Gender Recognition Act 2004
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4C
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[F14C [F2Married person or civil partner with interim certificate: issue of full certificate (Scotland)]S
This section has no associated Explanatory Notes
(1)A Gender Recognition Panel must issue a full gender recognition certificate to a person [F3if, on an application by the person (“the applicant”), the Panel is satisfied that the conditions set out in subsection (1A) are met].
[F4(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.]
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If, on an application under subsection [F6(1)], the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.
(5)An application under subsection [F7(1)] must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)An application under subsection [F9(1)] must include a statutory declaration of consent (within the meaning of section 3(6D)(b)(i) [F10or (6G)(b)(i)]) made by the person's spouse [F11or (as the case may be) civil partner].
F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)If an application is made under this section, the Panel must give the applicant's spouse [F13or (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
F1Ss. 4C-4F inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 5; S.S.I. 2014/287, art. 3, Sch.
F2S. 4C title substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(j); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F3Words in s. 4C(1) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F4S. 4C(1A) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F5S. 4C(2)(3) repealed (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(c); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F6Word in s. 4C(4) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(d); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F7Word in s. 4C(5) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(e); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F8S. 4C(6) repealed (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(f); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F9Word in s. 4C(7) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(g)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F10Words in s. 4C(7) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(g)(ii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F11Words in s. 4C(7) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(g)(iii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F12S. 4C(8) repealed (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(h); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F13Words in s. 4C(9) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(5)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
Modifications etc. (not altering text)
C1S. 4C modified (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), arts. 1(2), 15(2)
C2S. 4C modified (16.12.2014) by The Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Regulations 2014 (S.S.I. 2014/361), regs. 1, 8(2)
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