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.

C1F13A

This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3A.

F23B

This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C.

C2F33C

This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.

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.