Gender Recognition Act 2004

[F1 4D [F2 Application under section 4C: death of spouse or civil partner] S

(1) In a case where an application is made under section [F3 4C] and the applicant's spouse [F4 or (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 [F5 or 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

F1 Ss. 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.

F2 S. 4D title substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F3 Word in s. 4D(1) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F4 Words in s. 4D(1) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(ii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F5 Words in s. 4D(1)(a) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(iii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)