Gender Recognition Act 2004

[^key-675b8d8498113e06413cc3c0621d006a]: Words in s. 22(2)(a) substituted (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(16); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^key-607920f6f1643f0c2e2398122288e2f2]: Words in s. 24(5B) repealed (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(17); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^key-cb8d313bb30110bd8b86268789de24b0]: Words in s. 25(1) substituted (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(18)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^key-57aaab58d13ed0bf389b74e00fefdce8]: Words in s. 25 substituted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 33 (with reg. 35); (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 47(1)(a)(2)(a)(3)(a) (with regs. 6-9); and (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(18)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^key-812a8e8fb7d7bac180aa4a4c290b2580]: Word in Sch. 3 para. 19 repealed (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(19)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^key-1b3521a4620eda37f11e95db33fdea24]: S. 3F(8A) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(2)(b)

[^key-7c4eb06654251decce90c1450c7aea83]: S. 3F(7) substituted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(2)(a)

[^key-1b452c89bc30df8dc475a8c13c3fa3a1]: Words in s. 3F(9) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(2)(c)(i)

[^key-b2e6cfffef9d57830dad73d540b77f12]: Words in s. 3F(9) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(2)(c)(ii)

[^key-4889dbd0735658623470d2bb9d7955a3]: S. 5(1)(aa) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 56(c) (with s. 8(6)); S.I. 2022/283, reg. 2

[^key-693794e536d7c39af92133be57febfd8]: Words in s. 5(1)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 56(a) (with s. 8(6)); S.I. 2022/283, reg. 2

[^key-aaa0f2f56adc56bd8974a427e9529d89]: Word in s. 5(1)(a) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 56(b) (with s. 8(6)); S.I. 2022/283, reg. 2

[^M_E_74ea5e2e-accd-498b-b75b-26337c6504c5]: This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

[^M_E_f0ca1e49-d390-4d2b-93c7-51196829ddc3]: This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

[^V_S_cd7d791f-ac5c-01bc-9516-c4d4b95755ef]: S. 11B substituted (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(14); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

[^V_S_5e508ce1-6312-60b9-180f-98f76c4afa0b]: S. 11B(3) substituted (S.) (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(3)

[^key-f565b4991681c6c51e08d4188c55829a]: Word in s. 21(6) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 54(a)

[^key-ae7bfddc4bd6bae2668fd9f94712c5be]: Words in s. 21(6) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 54(b)

Errors in certificates

Application under section 4A: death of spouse

Foreign gender change and marriage

Commencement

Application under section 4C: death of spouse

Foreign gender change and marriage

Application under section 4C: death of spouse or civil partner

Application under section 4C: death of spouse

Commencement

Delegation

Commencement

Delegation

3A

• (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 (but see subsection (8)),

• (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 ,Scotland or Northern Ireland.

• (7) The Panel must reject the application if not required by subsection (2) to grant it.

3B

• (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 section 3A.

• (2) The application must include either—

• (a) a report made by a registered medical practitioner, or

• (b) a report made by a registered psychologist practising in the field of gender dysphoria.

• (3) If the application is based on the applicant having or having had gender dysphoria—

• (a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria, and

• (b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant's gender dysphoria.

• (4) Subsection (2) is not complied with in a case where—

• (a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or

• (b) treatment for that purpose has been prescribed or planned for the applicant,

unless the report required by that subsection includes details of it.

• (5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3A(3) and (4).

• (6) The application must include—

• (a) a statutory declaration as to whether or not the applicant is married or a civil partner,

• (b) any other information or evidence required by an order made by the Secretary of State, and

• (c) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

• (7) If the applicant is married, the application must include a statutory declaration as to whether the marriage is a marriage under the law of England and Wales, of Scotland, of Northern Ireland, or of a country or territory outside the United Kingdom.

• (7A) If the applicant is a civil partner, the application must include a statutory declaration as to whether the civil partnership is a civil partnership under the law of England and Wales, of Scotland, or of Northern Ireland, or is an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004.

• (8) If the applicant is married or a civil partner, and the marriage or civil partnership is a protected marriage or a protected civil partnership, the application must also include—

• (a) a statutory declaration of consent by the applicant's spouse or civil partner (if the spouse or partner has made such a declaration), or

• (b) a statutory declaration by the applicant that the applicant's spouse or civil partner has not made a statutory declaration of consent (if that is the case).

• (9) If the application includes a statutory declaration of consent by the applicant's spouse or civil partner, the Panel must give the spouse or partner notice that the application has been made.

• (10) If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.

3C

• (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 3D and meets the conditions in subsections (3) to (6).

• (3) The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish 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 29 of the Marriage and Civil Partnership (Scotland) Act 2014,

• (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—

• (i) surgical treatment, or

• (ii) such other treatment as the Scottish Ministers may by order prescribe,

for the purpose of modifying sexual characteristics.

• (6) The fourth condition is that the applicant is ordinarily resident in Scotland.

• (7) Before making an order under subsection (5)(b)(ii) the Scottish Ministers must consult the following persons on a copy of the proposed draft order—

• (a) the Gender Recognition Panel,

• (b) such other persons as the Scottish Ministers consider appropriate.

• (8) An order under subsection (5)(b)(ii)—

• (a) may make different provision for different cases or circumstances,

• (b) may amend any enactment (including this Act).

• (9) The Panel must reject the application if not required by subsection (2) to grant it.

3D

• (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 section 3C.

• (2) The application must include either—

• (a) a report made by a registered medical practitioner, or

• (b) a report made by a registered psychologist practising in the field of gender dysphoria.

• (3) If the application is based on the applicant having or having had gender dysphoria—

• (a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria, and

• (b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant's gender dysphoria.

• (4) Subsection (2) is not complied with in a case where—

• (a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or

• (b) treatment for that purpose has been prescribed or planned for the applicant,

unless the report required by that subsection includes details of it.

• (5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3C(3) and (4).

• (6) The application must include—

• (a) a statutory declaration as to whether or not the applicant is married or a civil partner,

• (b) any other information or evidence required by an order made by the Scottish Ministers, and

• (c) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

• (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.

• (8) If the applicant is married, and the marriage is a protected Scottish marriage, the application must also include—

• (a) a statutory declaration of consent (within the meaning of section 3(6D)(b)(i)) by the applicant's spouse (if the spouse has made such a declaration), or

• (b) a statutory declaration by the applicant that no such declaration by the applicant's spouse is included.

• (8A) If the applicant is a party to a protected Scottish civil partnership, the application must also include—

• (a) a statutory declaration of consent (within the meaning of section 3(6G)(b)(i)) by the applicant's civil partner (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.

• (9) If the application includes a statutory declaration of consent by the applicant's spouse or (as the case may be) civil partner, the Panel must give the spouse or civil partner notice that the application has been made.

• (10) If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.

3E

• (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) In this section, and section 3F, in so far as those sections extend to England and Wales or to Northern Ireland, “protected Scottish civil partnership” and “protected Scottish marriage” have the meanings given by section 25.

• (3) The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3F and meets the conditions in subsections (4) to (7).

• (4) The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish civil partnership on or before the date the application was made.

• (5) The second condition is that the applicant—

• (a) was living in the acquired gender six years before the commencement of section 29 of the Marriage and Civil Partnership (Scotland) Act 2014 (but see subsection (5A));

• (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.

• (5A) Where the applicant is ordinarily resident in Northern Ireland, subsection (5)(a) has effect as if for the words after “was living in the acquired gender” there was substituted “on 13 January 2014”.

• (6) 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.

• (7) The fourth condition is that the applicant is ordinarily resident in England or Wales or in Northern Ireland.

• (8) The Panel must reject the application if not required by subsection (3) to grant it.

3F

• (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 section 3E.

• (2) The application must include either—

• (a) a report made by a registered medical practitioner; or

• (b) a report made by a registered psychologist practising in the field of gender dysphoria.

• (3) If the application is based on the applicant having or having had gender dysphoria—

• (a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria; and

• (b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant’s gender dysphoria.

• (4) Subsection (2) is not complied with in a case where—

• (a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics; or

• (b) treatment for that purpose has been prescribed or planned for the applicant, unless the report required by that subsection includes details of it.

• (5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3E(3) and (4).

• (6) The application must include—

• (a) a statutory declaration as to whether or not the applicant is married or a civil partner; and

• (b) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

• (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.

• (8) If the applicant is married, and the marriage is a protected Scottish marriage, the application must also include—

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

• (b) a statutory declaration by the applicant that no such declaration by the applicant’s spouse is included.

• (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.

• (9) If the application includes a statutory declaration of consent by the applicant’s spouse or (as the case may be) civil partner, the Panel must give the spouse or civil partner notice that the application has been made.

• (10) If the Panel which is to determine the application requires information or evidence under subsection (6)(b) it must give reasons for doing so.

Issue of full certificate after interim certificate: applicant married or a civil partner

4A

• (1) A Gender Recognition Panel must issue a full gender recognition certificate to a person if subsection (2) applies.

• (2) This subsection applies if, on an application by the person, the Panel is satisfied that—

• (a) an interim gender recognition certificate has been issued to the person;

• (b) the person was a party to a protected marriage or a protected civil partnership at the time when the interim gender recognition certificate was issued;

• (c) the person is a party to a protected marriage or a protected civil partnership; and

• (d) the person's spouse or civil partner now consents to the marriage or civil partnership continuing after the issue of the full gender recognition certificate.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If, on an application under subsection (2) ..., the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

• (5) An application under subsection (2) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) An application under subsection (2) ... must include a statutory declaration of consent made by the person's spouse or civil partner.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) If an application is made under subsection (2), the Gender Recognition Panel must give the applicant's spouse or civil partner—

• (a) notice of the application; and

• (b) if the Panel grants the application, notice of the issue of the full gender recognition certificate.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4B

• (1) In a case where an application is made under section 4A(2) ... and the applicant's spouse or civil partner dies before the application is determined—

• (a) the application is to be treated as an application, made under section 5(2) in a case where a spouse has died or under section 5A(2) in a case where a civil partner has died, for a full gender recognition certificate to be issued; and

• (b) that application is to be treated as having been made at the time when the application under section 4A was made.

• (2) The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application.

• (3) In this section—

• “ new application ” means the application under section 5(2) or (as the case may be) section 5A(2) which the person is, by virtue of subsection (1), treated as having made;

• “ required evidence ” means the evidence required by section 5(4) or (as the case may be) section 5A(4).

Married person with interim certificate: issue of full certificate (Scotland)

4C

• (1) A Gender Recognition Panel must issue a full gender recognition certificate to a person if, on an application by the person (“the applicant”), the Panel is satisfied that the conditions set out in subsection (1A) are met.

• (1A) The conditions referred to in subsection (1) are—

• (a) an interim gender recognition certificate has been issued to the applicant,

• (b) when the interim gender recognition certificate was issued, the applicant and another person (“P”) were the parties to—

• (i) a protected Scottish marriage, or

• (ii) a protected Scottish civil partnership,

• (c) the applicant and P are still, or have since become, the parties to—

• (i) a protected Scottish marriage, or

• (ii) a protected Scottish civil partnership, and

• (d) P consents to the marriage or civil partnership continuing after the issue of a full gender recognition certificate.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If, on an application under subsection (1), the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

• (5) An application under subsection (1) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) An application under subsection (1) must include a statutory declaration of consent (within the meaning of section 3(6D)(b)(i) or (6G)(b)(i)) made by the person's spouse or (as the case may be) civil partner.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) If an application is made under this section, the Panel must give the applicant's spouse or (as the case may be) civil partner—

• (a) notice of the application, and

• (b) if the Panel grants the application, notice of the issue of the full gender recognition certificate.

4D

• (1) In a case where an application is made under section 4C and the applicant's spouse or (as the case may be) civil partner dies before the application is determined—

• (a) the application is to be treated as an application, made under section 5(2) in a case where a spouse or civil partner has died, for a full gender recognition certificate to be issued, and

• (b) that application is to be treated as having been made at the time when the application under section 4C was made.

• (2) The Gender Recognition Panel determining the application must specify the period within which the applicant is to produce the required evidence in support of the new application.

• (3) In this section—

• “ new application ” means the application under section 5(2) which the person is, by virtue of subsection (1), treated as having made,

• “ required evidence ” means the evidence required by section 5(4).

Death of civil partner or spouse: issue of full certificate (Scotland)

4E

• (1) A person may make a summary application to the sheriff for the issue of a full gender recognition certificate where—

• (a) an interim gender recognition certificate has been issued to the person,

• (b) the person and another person (“P”) are the parties to—

• (i) a protected Scottish marriage, or

• (ii) a protected Scottish civil partnership,

• (c) the person is not in possession of a statutory declaration by P that P consents to the marriage or (as the case may be) civil partnership continuing after the issue of a full gender recognition certificate.

• (2) The sheriff must grant an application made under subsection (1) if the sheriff is satisfied that—

• (a) at the time when the interim gender recognition certificate was issued, the applicant and P were the parties to—

• (i) a protected Scottish marriage, or

• (ii) a protected Scottish civil partnership,

• (b) the applicant is still a party to that protected Scottish marriage, and

• (c) the application was made within the period of six months beginning with the day on which the interim gender recognition certificate was issued.

• (3) If an application is made under this section, the sheriff must give the applicant's spouse or (as the case may be) civil partner—

• (a) notice of the application, and

• (b) if the sheriff grants the application, notice of the issue of the full gender recognition certificate.

• (4) Where the sheriff issues a full gender recognition certificate, the sheriff must send a copy to the Gender Recognition Panel.

4F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of full certificates where applicant has been a civil partner

Other provision about applications and certificates

Protected Scottish civil partnership: applications by both civil partners

5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications: supplementary

Appeals etc.

Registration

11A

• (1) This section applies in relation to a protected marriage if (by virtue of section 4(2)(b) or 4A) a full gender recognition certificate is issued to a party to the marriage.

• (2) The continuity of the protected marriage is not affected by the relevant change in gender.

• (3) If the protected marriage is a foreign marriage—

• (a) the continuity of the marriage continues by virtue of subsection (2) notwithstanding any impediment under the proper law of the marriage;

• (b) the proper law of the marriage is not affected by its continuation by virtue of subsection (2).

• (4) In this section—

• “foreign marriage” means a marriage under the law of a country or territory outside the United Kingdom;

• “impediment” means anything which affects the continuation of a marriage merely by virtue of the relevant change in gender;

• “proper law”, in relation to a protected marriage, means the law of the country or territory under which the marriage was entered into;

• “relevant change in gender” means the change or changes of gender occurring by virtue of the issue of the full gender recognition certificate or certificates.

Foreign gender change and marriage

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.

11C

• (1) This section applies in relation to a protected Scottish marriage if (by virtue of section 4(3C)(a), 4C or 4E) a full gender recognition certificate is issued to a party to the marriage.

• (2) The continuity of the protected Scottish marriage is not affected by the issuing of a full gender recognition certificate.

11D

The continuity of a protected Scottish civil partnership is not affected by the issuing of a full gender recognition certificate to either (or both) of the civil partners.

Foreign gender change and marriage

Power to modify statutory provisions

Applications within two years of commencement

Delegation

Registration of marriages and civil partnerships

11A

• (1) The Registrar General may make regulations about—

• (a) the registration of qualifying marriages, and

• (b) the registration of qualifying civil partnerships.

• (2) The regulations may, in particular, provide for the maintenance of—

• (a) a separate register in relation to qualifying marriages, and

• (b) a separate register in relation to qualifying civil partnerships.

• (3) In this paragraph—

• “ qualifying civil partnership ” means a civil partnership 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 civil partners;

• “ qualifying marriage ” 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.

20A

• (1) The Registrar General may, with the approval of the Scottish Ministers, make regulations about—

• (a) the registration of qualifying Scottish marriages, and

• (b) the registration of qualifying Scottish civil partnerships.

• (2) Regulations under sub-paragraph (1) may in particular make provision for fees to be payable in respect of things done under the regulations.

• (3) Regulations under sub-paragraph (1) may make different provision for different cases or circumstances.

• (4) In this paragraph—

• “qualifying Scottish civil partnership” means a civil partnership registered in Scotland in a case where a full gender recognition certificate has been issued to one, or each, of the civil partners,

• “ qualifying Scottish marriage ” means a marriage solemnised in Scotland in a case where a full gender recognition certificate has been issued to one, or each, of the spouses.

Pension under Part 1 of the Pensions Act 2014

6A

• (1) Any question—

• (a) whether the person is entitled to a state pension under Part 1 of the Pensions Act 2014 for any period after the certificate is issued, and

• (b) (if so) the rate at which the person is so entitled for the period,

is to be decided as if the person's gender were the acquired gender.

• (2) Accordingly, if (immediately before the certificate is issued) the person—

• (a) is a woman entitled to a state pension under Part 1 of the Pensions Act 2014, but

• (b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

• (3) And, conversely, if (immediately before the certificate is issued) the person—

• (a) is a man who has attained the age at which a woman of the same age attains pensionable age, but

• (b) has not attained the age of 65,

the person is to be treated for the purposes of Part 1 of the Pensions Act 2014 as attaining pensionable age when it is issued.

• (4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued.

• (5) If the person's acquired gender is the male gender, sections 11 and 12 of, and Schedules 6 and 7 to, the Pensions Act 2014 (effect of reduced rate elections) apply in relation to the person as they apply in relation to a woman (but only once the person has reached pensionable age for a man).

• (6) Paragraph 10 makes provision about deferment of state pensions under Part 1 of the Pensions Act 2014.

Pension under Part 1 of the Pensions Act (Northern Ireland) 2015

6B

• (1) Any question—

• (a) whether the person is entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 for any period after the certificate is issued, and

• (b) (if so) the rate at which the person is so entitled for the period,

is to be decided as if the person's gender were the acquired gender.

• (2) Accordingly, if (immediately before the certificate is issued) the person—

• (a) is a woman entitled to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, but

• (b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

• (3) And, conversely, if (immediately before the certificate is issued) the person—

• (a) is a man who has attained the age at which a woman of the same age attains pensionable age, but

• (b) has not attained the age of 65,

the person is to be treated for the purposes of Part 1 of the Pensions Act (Northern Ireland) 2015 as attaining pensionable age when it is issued.

• (4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued.

• (5) If the person's acquired gender is the male gender, sections11 and 12 of, and Schedules 6 and 7 to, the Pensions Act (Northern Ireland) 2015 (effect of reduced rate elections) apply in relation to the person as they apply in relation to a woman (but only once the person has reached pensionable age for a man).

• (6) Paragraph 10 makes provision about deferment of state pensions under Part1 of the Pensions Act (Northern Ireland) 2015.

Married person or civil partner with interim certificate: issue of full certificate (Scotland)

Issue of full certificates where applicant has been a civil partner

Applications by both civil partners

Appeals etc.

Applications: supplementary

Appeals etc.

Registration

Continuity of marriage: Scotland

Prohibition on disclosure of information

Commencement

Delegation

Commencement

Delegation

Registration of marriages and civil partnerships

33

• (1) The Department of Finance in Northern Ireland may by regulations make provision about—

• (a) the registration of qualifying marriages, and

• (b) the registration of qualifying civil partnerships.

• (2) Regulations under sub-paragraph (1) may, in particular, make provision for—

• (a) the maintenance of—

• (i) a separate register in relation to qualifying marriages, and

• (ii) a separate register in relation to qualifying civil partnerships;

• (b) fees to be payable in respect of things done under the regulations.

• (3) Regulations under sub-paragraph (1) may make different provision for different cases or circumstances.

• (4) In this paragraph—

• “qualifying civil partnership” means a civil partnership under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the civil partners;

• “qualifying marriage” means a marriage under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the spouses.

Married person or civil partner with interim certificate: issue of full certificate on application to the sheriff (Scotland)

General

Change in gender of civil partner

Gender-specific offences

Commencement

Delegation

Applications within two years of commencement

Delegation