45.—(1) For section 11B (1) (change in gender of civil partners) substitute—
11B.—(1) This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.
(2) The continuity of the protected civil partnership is not affected by the relevant change in gender.
(3) If the protected civil partnership is a protected overseas relationship—
(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;
(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).
(4) In this section—
“impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;
“relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;
“relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.”.
(2) Sections 11C and 11D(2) (change in gender of spouses or civil partners) extend also to Northern Ireland.
Commencement Information
I1Reg. 45 in force at 13.1.2020, see reg. 1(2)
Section 11B was inserted (with UK extent) by Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 and is substituted (as it extends to England & Wales) by S.I. 2019/1458.
Sections 11C and 11D (so far as extending to Scotland) were inserted by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) and (so far as extending to England and Wales) by S.I. 2014/3229.