OpenLegislation

Section 11B Change in gender of civil partnerF1E1

England, Wales and Northern Ireland

(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.

Annotations

Textual amendments

F1

S. 11B substituted: (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 32 (with reg. 35); and substituted (N.I.) (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), 45(1) (with regs. 6-9)

Extent

E1

This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only