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.