OpenLegislation

Paragraph 3 I1

Section 4 (successful applications): for subsections (2) and (3) substitute—

“(2)

The certificate is to be a full gender recognition certificate if—

(a)

the applicant is neither a civil partner nor married,

(b)

the applicant is a party to a protected marriage and the applicant's spouse consents to the marriage continuing after the issue of a full gender recognition certificate, or

(c)

the applicant is a party to a protected civil partnership and the Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.

(3)

The certificate is to be an interim gender recognition certificate if—

(a)

the applicant is a party to a protected marriage and the applicant's spouse does not consent to the marriage continuing after the issue of a full gender recognition certificate,

(b)

the applicant is a party to a marriage that is not a protected marriage,

(c)

the applicant is a party to a protected 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 civil partnership and the Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or

(e)

the applicant is a party to a civil partnership that is not a protected civil partnership.

(3A)

If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.

(3B)

Subsection (2)(c) is subject to section 5B.”.

Annotations

Commencement

I1

Sch. 5 para. 3 in force at 10.12.2014 by S.I. 2014/3169, art. 2