Issue of full certificate after interim certificate: applicant married

4AMarried person with interim certificate: issue of full certificate

1

A Gender Recognition Panel must issue a full gender recognition certificate to a person in either of the following cases.

2

Case A is where, on an application by the person, the Panel is satisfied that—

a

an interim gender recognition certificate has been issued to the person;

b

the person was a party to a protected marriage at the time when the interim gender recognition certificate was issued;

c

the person is a party to a protected marriage; and

d

the person's spouse now consents to the marriage continuing after the issue of the full gender recognition certificate.

3

Case B is where, on an application by the person, the Panel is satisfied that—

a

an interim gender recognition certificate has been issued to the person;

b

the person was a party to a civil partnership at the time when the interim gender recognition certificate was issued;

c

a conversion application has been made within the period of six months beginning with the day on which that certificate was issued;

d

the conversion application has resulted in the civil partnership being converted into a marriage;

e

the person is a party to that marriage; and

f

the person's spouse consents to the marriage continuing after the issue of the full gender recognition certificate.

4

If, on an application under subsection (2) or (3), the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

5

An application under subsection (2) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

6

An application under subsection (3) must be made within the period of six months beginning with the day on which the civil partnership is converted into a marriage.

7

An application under subsection (2) or (3) must include a statutory declaration of consent made by the person's spouse.

8

An application under subsection (3) must also include—

a

evidence of the date on which the conversion application was made, and

b

evidence of the conversion of the civil partnership into a marriage.

9

If an application is made under this section, the Gender Recognition Panel must give the applicant's spouse—

a

notice of the application; and

b

if the Panel grants the application, notice of the issue of the full gender recognition certificate.

10

In this section “conversion application” means an application for the conversion of a civil partnership into a marriage under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.

4BApplication under section 4A: death of spouse

1

In a case where an application is made under section 4A(2) or (3) and the applicant's spouse dies before the application is determined—

a

the application is to be treated as an application, made under section 5(2) in a case where a spouse has died, for a full gender recognition certificate to be issued; and

b

that application is to be treated as having been made at the time when the application under section 4A was made.

2

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.

3

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).

Issue of full certificate after interim certificate: applicant no longer married or civil partner