OpenLegislation

Section 4B Application under section 4A: death of spouse or civil partner

United Kingdom

(1)

F1In a case where an application is made under section 4A(2) F2... and the applicant's spouse F3or 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 F4or 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) F5or (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) F6or (as the case may be) section 5A(4).

Annotations

Textual amendments

F1

Ss. 4A, 4B and cross-heading inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 4; S.I. 2014/3169, art. 2

F2

Words in s. 4B(1) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(3)(a)(i) (with reg. 35)

F3

Words in s. 4B(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(3)(a)(ii) (with reg. 35)

F4

Words in s. 4B(1)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(3)(b) (with reg. 35)

F5

Words in s. 4B(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(4)(a) (with reg. 35)

F6

Words in s. 4B(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(4)(b) (with reg. 35)

F7

Words in s. 4B heading inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 29(2) (with reg. 35)