Section 4D Application under section 4C: death of spouse or civil partnerF1F5
Scotland
In a case where an application is made under section F24C and the applicant's spouse F3or (as the case may be) civil partner dies before the application is determined—
the application is to be treated as an application, made under section 5(2) in a case where a spouse F4or civil partner has died, for a full gender recognition certificate to be issued, and
that application is to be treated as having been made at the time when the application under section 4C was made.
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.
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).
Annotations
Textual amendments
- F1
Ss. 4C-4F inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 5; S.S.I. 2014/287, art. 3, Sch.
- F2
Word in s. 4D(1) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
- F3
Words in s. 4D(1) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(ii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
- F4
Words in s. 4D(1)(a) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(a)(iii); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
- F5
S. 4D title substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(6)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
Notes on Issue of full certificate after interim certificate: applicant married or a civil partner
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. 4A cross-heading inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 27 (with reg. 35)