# Marriage (Same Sex Couples) Act 2013, Paragraph 3


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.”.

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Source: https://www.legislation.gov.uk/ukpga/2013/30/schedule/5/paragraph/3 (the official version)
Page: https://openlegislation.uk/marriage-same-sex-couples-act-2013/schedule-5/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.