SCHEDULES
SCHEDULE 5Change of gender of married persons or civil partners
PART 2Alternative grounds for granting applications for gender recognition certificates
Alternative grounds for granting applications
I117
After section 3 insert—
3AAlternative grounds for granting applications
1
This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with this section.
2
The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3B and meets the conditions in subsections (3) to (6).
3
The first condition is that the applicant was a party to a protected marriage or a protected civil partnership on or before the date the application was made.
4
The second condition is that the applicant—
a
was living in the acquired gender six years before the commencement of section 12 of the Marriage (Same Sex Couples) Act 2013,
b
continued to live in the acquired gender until the date the application was made, and
c
intends to continue to live in the acquired gender until death.
5
The third condition is that the applicant—
a
has or has had gender dysphoria, or
b
has undergone surgical treatment for the purpose of modifying sexual characteristics.
6
The fourth condition is that the applicant is ordinarily resident in England, Wales or Scotland.
7
The Panel must reject the application if not required by subsection (2) to grant it.