The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

PART 1 Introductory

Citation and commencement

1.  These Regulations may be cited as the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 and come into force on 6th February 2015.

Interpretation

2.  In these Regulations—

“2004 Act” means the Gender Recognition Act 2004;

“2013 Act” means the Marriage (Same Sex Couples) Act 2013(1);

“approved premises” means premises approved for the solemnization of marriages under section 46A of the Marriage Act 1949(2);

“civil partnership register entry” in relation to one or both parties to a qualifying civil partnership(3), means, as applicable—

(i)

an entry of which a certified, or other copy is kept by the Registrar General;

(ii)

an entry in a register so kept;

containing a record of the parties’ civil partnership or, if there is more than one civil partnership, the most recent, but does not include any entry in the Gender Recognition Civil Partnership Register;

“conversion of a civil partnership” means the conversion of a civil partnership into a marriage under section 9 of the 2013 Act and regulations made under that section;

“marriage register entry” in relation to one or both parties to a qualifying marriage(4), means, as applicable—

(i)

an entry of which a certified, or other copy is kept by the Registrar General; or

(ii)

an entry in a register so kept;

containing a record of the parties’ marriage, whether resulting from the conversion of a civil partnership or not (or, if there is more than one marriage, the most recent), but does not include any entry in the Gender Recognition Marriage Register;

“qualifying marriage” includes a marriage resulting from the conversion of a civil partnership;

“religious premises” means premises which—

(i)

are used solely or mainly for religious purposes; or

(ii)

have been so used and have not subsequently been used solely or mainly for other purposes;

“register office” has the same meaning as in section 10 of the Registration Service Act 1953(5);

“superintendent registrar” has the same meaning as in section 6 of the Registration Service Act 1953(6);

“Gender Recognition Marriage Register” means the register maintained under regulation 3(1)(a);

“Gender Recognition Civil Partnership Register” means the register maintained under regulation 3(1)(b);

“GR registers” means the two registers maintained under regulation 3(1).

The Gender Recognition Marriage and Civil Partnership Registers

3.—(1) The Registrar General must maintain, in the General Register Office—

(a) a register to be called the Gender Recognition Marriage Register, and

(b) a register to be called the Gender Recognition Civil Partnership Register.

(2) The form in which the GR registers are maintained is to be determined by the Registrar General.

(3) The GR registers are not to be open to public inspection or search.

(1)

2013 c. 30.

(2)

1949 c. 76. Section 46A was inserted by the Marriage Act 1994 (c. 34). There are amendments to the section, not relevant here.

(3)

“Qualifying civil partnership” is defined in paragraph 11A(3) of Schedule 3 to the 2004 Act, inserted by paragraph 9(2) of Schedule 5 to the 2013 Act, and means a civil partnership under the law of England and Wales in a case where a full gender recognition certificate has been issued to each of the civil partners.

(4)

“Qualifying marriage” is defined in paragraph 11A(3) of Schedule 3 to the 2004 Act, inserted by paragraph 9(2) of Schedule 5 to the 2013 Act, and means a marriage under the law of England and Wales in a case where a full gender recognition certificate has been issued to one, or each, of the spouses.

(5)

1953 c. 37. There are amendments to the section, not relevant here.

(6)

There are amendments to the section, not relevant here.