C1C2Part III Marriage under F2marriage schedule
Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)
Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)
Issue of F3a marriage schedule
Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)
39AC2F1Marriage of former civil partners one of whom has changed sex
1
This section applies if—
a
a court—
i
makes final a nullity order which annuls a civil partnership on the ground that an interim gender recognition certificate has been issued to one of the civil partners, or
ii
(in Scotland) grants a decree of dissolution of a civil partnership on that ground,
and, on doing so, issues a full gender recognition certificate (under section 5A(1) of the Gender Recognition Act 2004) to that civil partner, and
b
the former civil partners wish to marry each other in England or Wales in accordance with this Part without being delayed by the waiting period.
2
For the purposes of this section the relevant period is the period—
a
beginning with the issue of the full gender recognition certificate, and
b
ending at the end of 1 month from the day on which it is issued.
3
If either of the former civil partners —
a
gives notice of marriage in accordance with this Part during the relevant period, and
b
on doing so, makes an election under this section,
this Act applies with the modifications set out in subsections (4) to (6).
4
In section 31 (marriage under F4marriage schedule)—
a
omit subsections (1), F5(3), (4A) and (5A) to (5I), and
F6b
in subsection (2), for “The superintendent registrar for the registration district in which a marriage is to be solemnized must, once satisfied that any of the conditions in subsection (3) is met,” substitute “As soon as notice of the marriage has been given, the superintendent registrar for the registration district in which a marriage is to be solemnized must”.
5
6
In section 75 (offences relating to solemnization of marriages), omit subsections (2)(d)F9... and (3)(a).
7
Where one of the former civil partners is residing in Scotland—
a
this section applies as if subsection (3) referred to the giving of notice and the making of an election by the former civil partner residing in England or Wales, and
b
section 37(d) does not apply.
8
In subsection (1)(b), “the waiting period” has the meaning given by section 31(4A).
Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)