Gender Recognition Act 2004

4Successful applicationsU.K.

This section has no associated Explanatory Notes

(1)If a Gender Recognition Panel grants an application under section 1(1) it must issue a gender recognition certificate to the applicant.

[F1(2)The certificate is to be a full gender recognition certificate if—

(a)the applicant is neither a civil partner nor married,

(b)the applicant is a party to a protected marriage and the applicant's spouse consents to the marriage continuing after the issue of a full gender recognition certificate, or

(c)the applicant is a party to a protected civil partnership and the Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.

(3)The certificate is to be an interim gender recognition certificate if—

(a)the applicant is a party to a protected marriage and the applicant's spouse does not consent to the marriage continuing after the issue of a full gender recognition certificate,

(b)the applicant is a party to a marriage that is not a protected marriage,

(c)the applicant is a party to a protected civil partnership and the other party to the civil partnership has not made an application under section 1(1),

(d)the applicant is a party to a protected civil partnership and the Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or

(e)the applicant is a party to a civil partnership that is not a protected civil partnership.

(3A)If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.

(3B)Subsection (2)(c) is subject to section 5B.]

(4)Schedule 2 (annulment or dissolution of marriage after issue of interim gender recognition certificate) has effect.

(5)The Secretary of State may, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland, specify the content and form of gender recognition certificates.

Textual Amendments

F1S. 4(2)-(3B) substituted for s. 4(2)(3) (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 3; S.I. 2014/3169, art. 2