F5Other provision about applications and certificates
8Appeals etc.
1
2
An appeal under subsection (1) must be heard in private if the applicant so requests.
3
On such an appeal the court must—
a
allow the appeal and issue the certificate applied for,
b
allow the appeal and refer the matter to the same or another Panel for re-consideration, or
c
dismiss the appeal.
4
If an application under section 1(1) is rejected, the applicant may not make another application before the end of the period of six months beginning with the date on which it is rejected.
5
F65A
If an application under section 1(1), 4A, 5(2), 5A(2) or 6(1) is granted, the applicant's spouse F15or civil partner may apply to the High Court or Court of Session to quash the decision to grant the application on the grounds that its grant was secured by fraud.
F105B
If an application under section 1(1), 4C, 4E, F18... 5(2), 5A(2) or 6(1) is granted, the applicant's spouse or civil partner may apply to the Court of Session to quash the decision to grant the application on the grounds that its grant was secured by fraud.
F115C
If an application under section 4C is granted, the applicant’s spouse or civil partner may apply to the High Court to quash the decision to grant the application on the grounds that its grant was secured by fraud.
6
On a reference under subsection (5) F9or an application under subsection (5A) F14or an application under subsection (5B) the court—
a
must either quash or confirm the decision to grant the application, and
b
if it quashes it, must revoke the gender recognition certificate issued on the grant of the application and may make any order which it considers appropriate in consequence of, or otherwise in connection with, doing so.
S. 5B and cross-heading inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 5; S.I. 2014/3169, art. 2