Applications for gender recognition certificate
4Successful applications
1
If a Gender Recognition Panel grants an application under section 1(1) it must issue a gender recognition certificate to the applicant.
F21A
The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.
F12
The certificate is F4also to be a full gender recognition certificate if—
F5a
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 F9the applicant’s civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate.
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
F6subject to subsection (3C)(a), 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 F10does not consent to the civil partnership continuing after the issue of a full gender recognition certificate, or
F11d
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3A
F83B
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F33C
The certificate is also to be a full gender recognition certificate if—
a
the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or
F18b
the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.
F16c
the applicant is a party to a protected Scottish civil partnership and both parties to the partnership consent to it continuing after the issue of a full gender recognition certificate,
3D
The certificate is to be an interim gender recognition certificate if—
a
the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate,
b
subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,
F20ba
the applicant is a party to a protected Scottish civil partnership and either party to the partnership does not consent to it continuing after the issue of a full gender recognition certificate,
F19c
the applicant is a party to a protected Scottish 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 Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or
e
subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.
3E
If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.
F143EA
If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish civil partnership, the Panel must give the applicant's civil partner notice of the issue of the certificate.
F173F
Subsection (3C)(b) is subject to section 5C.
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.