- Latest available (Revised)
- Point in Time (22/04/2011)
- Original (As enacted)
Version Superseded: 10/12/2014
Point in time view as at 22/04/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Gender Recognition Act 2004, Section 21.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A person’s gender is not to be regarded as having changed by reason only that it has changed under the law of a country or territory outside the United Kingdom.
(2)Accordingly, a person is not to be regarded as being married by reason of having entered into a foreign post-recognition marriage.
(3)But if a full gender recognition certificate is issued to a person who has entered into a foreign post-recognition marriage, after the issue of the certificate the marriage is no longer to be regarded as being void on the ground that (at the time when it was entered into) the parties to it were not respectively male and female.
(4)However, subsection (3) does not apply to a foreign post-recognition marriage if a party to it has entered into a later (valid) marriage [F1or civil partnership] before the issue of the full gender recognition certificate.
(5)For the purposes of this section a person has entered into a foreign post-recognition marriage if (and only if)—
(a)the person has entered into a marriage in accordance with the law of a country or territory outside the United Kingdom,
(b)before the marriage was entered into the person had changed gender under the law of that or any other country or territory outside the United Kingdom,
(c)the other party to the marriage was not of the gender to which the person had changed under the law of that country or territory, and
(d)by virtue of subsection (1) the person’s gender was not regarded as having changed under the law of any part of the United Kingdom.
(6)Nothing in this section prevents the exercise of any enforceable [F2EU] right.
Textual Amendments
F1 Words in s. 21(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(6), 263; S.I. 2005/3175, art. 3, Sch. 2
F2 Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: