Article 45 Amendment to the 1996 Rules

After rule 2.54 insert—

“Indorsement and certificate of final order

2.54A

(1)

Where a conditional order is made final, the Master shall make an indorsement to that effect on the order, stating the precise time at which it was made final.

(2)

On a conditional order being made final, the proper officer or chief clerk, as the case may be, shall—

(a)

send to the petitioner and respondent a certificate in Form M11A or M12A, authenticated by the appropriate seal, and

(b)

if the case is pending in a civil partnership proceedings county court, notify the Matrimonial Office.

(3)

A certificate in Form M11A or M12A that a conditional order has been made final shall be issued to any person requiring it on payment of the prescribed fee.

(4)

A central index of final orders shall be kept in the Matrimonial Office and any person shall be entitled to require a search to be made therein, and to be furnished with a certificate of the result of the search, on payment of the prescribed fee.

Application under section 6 of the Gender Recognition Act 2004

2.54B

(1)

This rule applies to an application made under section 6(1) of the Gender Recognition Act 2004 in respect of a full gender recognition certificate issued by a court under section 5(1) of that Act.

(2)

The application shall be made to the court which issued the certificate, unless otherwise directed.

(3)

Where the applicant is—

(a)

the person to whom the certificate was issued, the Secretary of State shall be a respondent;

(b)

the Secretary of State, the person to whom the certificate was issued shall be a respondent.

(4)

Where the court issues a corrected gender recognition certificate under section 6(4) of the Gender Recognition Act 2004, the proper officer or chief clerk, as the case may be, shall send a copy of the corrected certificate to the Secretary of State.”.