SCHEDULE 1CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION

Gender Recognition Act 20041

1

The Gender Recognition Act 20042 is amended as follows.

2

In section 3F (evidence for granting applications on alternative grounds: Scotland (English and Welsh and Northern Ireland residents)3—

a

for subsection (7) substitute—

7

If the applicant is—

a

married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage;

b

a party to a civil partnership, the application must include a statutory declaration as to whether the civil partnership is a protected Scottish civil partnership.

b

after subsection (8) insert—

8A

If the applicant is a party to a protected Scottish civil partnership, the application must also include—

a

a statutory declaration by the applicant’s civil partner that the civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the civil partner has made such a declaration); or

b

a statutory declaration by the applicant that no such declaration by the applicant’s civil partner is included.

c

in subsection (9)—

i

after “applicant’s spouse” insert “or (as the case may be) civil partner”,

ii

after “the spouse” insert “or civil partner”.

3

In section 11B (change in gender of civil partner)4, for subsection (3) substitute—

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 section 11D (continuity of civil partnership: Scotland)5, for the words from “full” to the end substitute “a full gender recognition certificate to either (or both) of the civil partners.”.

5

In section 25 (interpretation)6 before the definition of “registered psychologist” insert—

  • “protected Scottish civil partnership” means a civil partnership registered in Scotland,

  • “protected Scottish marriage” means a marriage solemnised in Scotland,