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The Civil Partnership (Opposite-sex Couples) Regulations 2019
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Civil Partnership (Opposite-sex Couples) Regulations 2019 No. 1458
Continuity of civil partnership on change of gender
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32. For section 11B(1) substitute—
“Change in gender of civil partner
11B.—(1) This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.
(2) The continuity of the protected civil partnership is not affected by the relevant change in gender.
(3) If the protected civil partnership is a protected overseas relationship—
(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;
(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).
(4) In this section—
“impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;
“relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;
“relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.”.
(1)
Section 11B was inserted by the Marriage (Same Sex Couples) Act 2013, Schedule 5, paragraph 11.
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