Gender Recognition Act 2004

[F14FDeath of civil partner or spouse: issue of full certificate (Scotland)S

This section has no associated Explanatory Notes

(1)A Gender Recognition Panel must issue a full gender recognition certificate to a person in either of the following cases.

(2)Case A is where, on an application by the person, the Panel is satisfied that—

(a)an interim gender recognition certificate has been issued to the person,

(b)the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued,

(c)the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977) and the parties to the civil partnership submitted notice of intention to marry under section 3(1) of that Act within the period of six months beginning with the day on which that certificate was issued, and

(d)the person's civil partner died—

(i)before the submitting of notice had resulted in the civil partnership becoming a marriage, and

(ii)after the period of six months beginning with the day on which the interim gender recognition certificate was issued.

(3)Case B is where, on an application by the person, the Panel is satisfied that—

(a)an interim gender recognition certificate has been issued to the person,

(b)the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued,

(c)the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977) and the parties to the civil partnership submitted notice of intention to marry under section 3(1) of that Act within the period of six months beginning with the day on which that certificate was issued,

(d)the submitting of notice resulted in the civil partnership becoming a marriage, and

(e)the person's spouse died—

(i)within the period of six months beginning with the day on which the civil partnership became a marriage, and

(ii)after the period of six months beginning with the day on which the interim gender recognition certificate was issued.

(4)If, on an application under subsection (2) or (3), the Panel is not satisfied—

(a)as mentioned in that subsection, or

(b)that the person is neither married nor a civil partner,

the Panel must reject the application.

(5)An application under subsection (2) or (3) must be made within the period of six months beginning with the day on which the death occurs.

(6)An application under subsection (2) or (3) must include evidence of—

(a)the death of the person's civil partner or, as the case may be, spouse and the date on which it occurred,

(b)the date on which the notice under section 3(1) of the 1977 Act was submitted.]

Textual Amendments

Modifications etc. (not altering text)