# Marriage and Civil Partnership (Scotland) Act 2014, Paragraph 4


In section 4 (successful applications)—
(a) after subsection (1) insert—
“(1A) The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.”,
(b) in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)—
(i) after first “is” insert “ also ”,
(ii) paragraph (a) is repealed,
(c) in subsection (3) (as so substituted)—
(i) in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ”, and
(ii) in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ”, and
(d) after subsection (3B) (as so substituted) insert—
“(3C) The certificate is also to be a full gender recognition certificate if—
(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
(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.
(3D) The certificate is to be an interim gender recognition certificate if—
(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,
(b) subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,
(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),
(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
(e) subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.
(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.
(3F) Subsection (3C)(b) is subject to section 5C.”.

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Source: https://www.legislation.gov.uk/asp/2014/5/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/marriage-and-civil-partnership-scotland-act-2014/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.