Applications for gender recognition certificate

2Determination of applications

1

In the case of an application under section 1(1)(a), the Panel must grant the application if satisfied that the applicant—

a

has or has had gender dysphoria,

b

has lived in the acquired gender throughout the period of two years ending with the date on which the application is made,

c

intends to continue to live in the acquired gender until death, and

d

complies with the requirements imposed by and under section 3.

2

In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied—

a

that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and

b

that the applicant complies with the requirements imposed by and under section 3.

3

The Panel must reject an application under section 1(1) if not required by subsection (1) or (2) to grant it.

4

In this Act “approved country or territory” means a country or territory prescribed by order made by the Secretary of State after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.