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Gender Recognition Act 2004
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Changes over time for: Section 3A
Version Superseded: 13/01/2020
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- 10/12/2014- Amendment
- 10/12/2014
Point in time - 13/01/2020- Amendment
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Point in time view as at 10/12/2014. This version of this provision has been superseded.
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[F13AAlternative grounds for granting applicationsE+W+S
This section has no associated Explanatory Notes
(1)This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with this section.
(2)The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3B and meets the conditions in subsections (3) to (6).
(3)The first condition is that the applicant was a party to a protected marriage or a protected civil partnership on or before the date the application was made.
(4)The second condition is that the applicant—
(a)was living in the acquired gender six years before the commencement of section 12 of the Marriage (Same Sex Couples) Act 2013,
(b)continued to live in the acquired gender until the date the application was made, and
(c)intends to continue to live in the acquired gender until death.
(5)The third condition is that the applicant—
(a)has or has had gender dysphoria, or
(b)has undergone surgical treatment for the purpose of modifying sexual characteristics.
(6)The fourth condition is that the applicant is ordinarily resident in England, Wales or Scotland.
(7)The Panel must reject the application if not required by subsection (2) to grant it.]
Textual Amendments
F1S. 3A inserted (E.W.S.) (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 17; S.I. 2014/3169, art. 2
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