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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

F7subject to subsection F15(3C)(b)F15(3C)(c), 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 F12or a protected civil partnership, the Panel must give the applicant's spouse F13or civil partner notice of the issue of the certificate.

F83B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.