SCHEDULES
SCHEDULE 5Change of gender of married persons or civil partners
PART 1Applications by married persons and civil partners
Successful applications
I13
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.