{
  "url": "https://openlegislation.uk/marriage-and-civil-partnership-scotland-act-2014/schedule-2/paragraph-4",
  "json_url": "https://openlegislation.uk/marriage-and-civil-partnership-scotland-act-2014/schedule-2/paragraph-4.json",
  "legislation": "asp/2014/5",
  "legislation_title": "Marriage and Civil Partnership (Scotland) Act 2014",
  "legislation_url": "https://openlegislation.uk/marriage-and-civil-partnership-scotland-act-2014",
  "path": "schedule/2/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "In section 4 (successful applications)—\n(a) after subsection (1) insert—\n“(1A) The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.”,\n(b) in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)—\n(i) after first “is” insert “ also ”,\n(ii) paragraph (a) is repealed,\n(c) in subsection (3) (as so substituted)—\n(i) in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ”, and\n(ii) in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ”, and\n(d) after subsection (3B) (as so substituted) insert—\n“(3C) The certificate is also to be a full gender recognition certificate if—\n(a) the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or\n(b) the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.\n(3D) The certificate is to be an interim gender recognition certificate if—\n(a) the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate,\n(b) subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,\n(c) the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made an application under section 1(1),\n(d) the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or\n(e) subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.\n(3E) If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.\n(3F) Subsection (3C)(b) is subject to section 5C.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 4 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2014/5/schedule/2/paragraph/4",
    "retrieved_at": "2026-10-29T20:14:16.149256+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}