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| | “3A | Alternative grounds for granting applications |
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| | (1) | This section applies to an application under section 1(1)(a) which |
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| | states that it is an application for a certificate to be granted in |
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| | accordance with this section. |
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| | (2) | The Panel must grant the application if satisfied that the |
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| | applicant complies with the requirements imposed by and under |
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| | section 3B and meets the conditions in subsections (3) to (6). |
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| | (3) | The first condition is that the applicant was a party to a protected |
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| | marriage or a protected civil partnership on or before the date the |
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| | |
| | (4) | The second condition is that the applicant— |
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| | (a) | was living in the acquired gender six years before the |
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| | commencement of section 12 of the Marriage (Same Sex |
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| | (b) | continued to live in the acquired gender until the date the |
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| | application was made, and |
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| | (c) | intends to continue to live in the acquired gender until |
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| | (5) | The third condition is that the applicant— |
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| | (a) | has or has had gender dysphoria, or |
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| | (b) | has undergone surgical treatment for the purpose of |
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| | modifying sexual characteristics. |
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| | (6) | The fourth condition is that the applicant is ordinarily resident in |
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| | England, Wales or Scotland. |
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| | (7) | The Panel must reject the application if not required by |
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| | subsection (2) to grant it.” |
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| | Evidence for granting applications on alternative grounds |
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| | 18 | Section 3 (evidence): after subsection (8) insert— |
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| | “(9) | This section does not apply to an application under section |
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| | 1(1)(a) which states that it is an application for a certificate to be |
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| | granted in accordance with section 3A.” |
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| | 19 | After section 3A (inserted by paragraph 17) insert— |
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| | “3B | Evidence for granting applications on alternative grounds |
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| | (1) | This section applies to an application under section 1(1)(a) which |
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| | states that it is an application for a certificate to be granted in |
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| | accordance with section 3A. |
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| | (2) | The application must include either— |
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| | (a) | a report made by a registered medical practitioner, or |
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| | (b) | a report made by a registered psychologist practising in |
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| | the field of gender dysphoria. |
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| | (3) | If the application is based on the applicant having or having had |
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| | (a) | the reference in subsection (2) to a registered medical |
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| | practitioner is to one practising in the field of gender |
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| | (b) | that subsection is not complied with unless the report |
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| | includes details of the diagnosis of the applicant’s gender |
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| | |
| | (4) | Subsection (2) is not complied with in a case where— |
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| | (a) | the applicant has undergone or is undergoing treatment |
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| | for the purpose of modifying sexual characteristics, or |
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| | (b) | treatment for that purpose has been prescribed or |
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| | planned for the applicant, |
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| | | unless the report required by that subsection includes details of |
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| | |
| | (5) | The application must also include a statutory declaration by the |
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| | applicant that the applicant meets the conditions in section 3A(3) |
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| | |
| | (6) | The application must include— |
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| | (a) | a statutory declaration as to whether or not the applicant |
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| | is married or a civil partner, |
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| | (b) | any other information or evidence required by an order |
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| | made by the Secretary of State, and |
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| | (c) | any other information or evidence which the Panel which |
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| | is to determine the application may require, |
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| | | and may include any other information or evidence which the |
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| | applicant wishes to include. |
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| | (7) | If the applicant is married, the application must include a |
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| | statutory declaration as to whether the marriage is a marriage |
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| | under the law of England and Wales, of Scotland, of Northern |
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| | Ireland, or of a country or territory outside the United Kingdom. |
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| | (8) | If the applicant is married, and the marriage is a protected |
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| | marriage, the application must also include— |
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| | (a) | a statutory declaration of consent by the applicant’s |
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| | spouse (if the spouse has made such a declaration), or |
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| | (b) | a statutory declaration by the applicant that the |
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| | applicant’s spouse has not made a statutory declaration |
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| | of consent (if that is the case). |
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| | (9) | If the application includes a statutory declaration of consent by |
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| | the applicant’s spouse, the Panel must give the spouse notice that |
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| | the application has been made. |
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| | (10) | If the Panel which is to determine the application requires |
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| | information or evidence under subsection (6)(c) it must give |
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| | Membership of Panels determining applications on alternative grounds |
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| | 20 | Schedule 1 (Gender Recognition Panels), paragraph 4: after sub- |
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| | “(3) | But a Panel need not include a medical member when |
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| | determining an application under section 1(1)(a) for a |
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| | certificate to be granted in accordance with section 3A.”.” |
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45 | Page 47, line 33, leave out sub-paragraph (2) and insert— |
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| | “(2) | An Order in Council may, in particular, make provision— |
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| | (a) | prohibiting the solemnization of such marriages according to |
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| | particular religious rites or usages; or |
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| | (b) | permitting the solemnization of such marriages according to |
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| | particular religious rites or usages. |
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| | (2A) | Sub-paragraph (2)(b) is subject to sub-paragraphs (2B) and (2C). |
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| | (2B) | An Order in Council may not make provision allowing the |
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| | solemnization of forces marriages of same sex couples according to the |
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| | rites of the Church of England or Church in Wales. |
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| | (2C) | If an Order in Council makes provision allowing the solemnization of |
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| | forces marriages of same sex couples according to particular religious |
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| | rites or usages (other than those of the Church of England or Church in |
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| | Wales), the Order in Council must also make provision to secure that |
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| | such a marriage may not be solemnized according to those rites or |
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| | usages unless the relevant governing authority has given written |
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| | consent to marriages of same sex couples. |
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| | (2D) | The person or persons who are the relevant governing body for that |
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| | purpose are to be determined in accordance with provision made by an |
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| | Order in Council under this Part of this Schedule.” |
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46 | Page 47, line 41, at end insert— |
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| | “(4) | If section 8 applies, the Lord Chancellor may, by order, make such |
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| | relevant amending provision as the Lord Chancellor considers |
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| | appropriate to allow for the solemnization of forces marriages of same |
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| | sex couples according to the rites of the Church in Wales. |
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| | (5) | For that purpose “relevant amending provision” means— |
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| | (a) | provision amending sub-paragraphs (2B) and (2C) by omitting |
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| | the words “or Church in Wales”; |
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| | (b) | provision amending any Order in Council made under this Part |
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| | |
| | (c) | provision amending any other UK legislation (including |
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| | legislation contained in this Part of this Schedule). |
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| | (6) | In making an order under sub-paragraph (4), the Lord Chancellor must |
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| | have regard to the terms of the resolution of the Governing Body of the |
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| | Church in Wales referred to in section 8(1).” |
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47 | Page 49, line 8, leave out sub-paragraph (3) |
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48 | Page 50, line 23, at end insert— |
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| | “ (1) | Section 25 (void marriages) is amended as follows. |
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| | (2) | At the beginning insert— |
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| | “(1) | A marriage shall be void in any of the following cases.”. |
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| | (3) | The existing wording of section 25 becomes subsection (2) of that section; |
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| | and, at the beginning of that subsection, for “If any persons” substitute— |
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| | “(2) | Case A is where any persons”. |
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| | (4) | For the words after paragraph (d) substitute— |
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| | “(3) | Case B is where any persons knowingly and wilfully consent to |
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| | or acquiesce in the solemnization of a Church of England |
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| | marriage between them by a person who is not in Holy Orders. |
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| | (4) | Case C is where any persons of the same sex consent to or |
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| | acquiesce in the solemnization of a Church of England marriage |
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| | (5) | In subsections (3) and (4) “Church of England marriage” means a |
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| | marriage according to the rites of the Church of England.”.” |
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49 | Page 53, line 10, at end insert— |
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| | “ | After section 49 insert— |
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| | “49A | Void marriages: additional provision about same sex couples |
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| | (1) | If a same sex couple knowingly and wilfully intermarries under |
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| | the provisions of this Part of this Act in the absence of the |
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| | required consent, the marriage shall be void. |
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| | (2) | In this section, in relation to a marriage of a same sex couple, |
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| | “required consent” means consent under— |
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| | (a) | section 26A(3), in a case where section 26A applies to the |
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| | marriage (but section 44A does not apply to it); |
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| | (b) | section 26A(3) and section 44A(6), in a case where section |
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| | 26A and section 44A apply to the marriage; |
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| | (c) | section 26B(2)(b), in a case where section 26B(1), (2) and |
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| | (3) apply to the marriage; |
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| | (d) | section 26B(4)(b), in a case where section 26B(1), (4) and |
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| | (5) apply to the marriage; |
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| | (e) | section 26B(6)(d), in a case where section 26B(1), (6) and |
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| | (7) apply to the marriage.”.” |
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50 | Page 53, line 43, at end insert— |
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| | “(ab) | after the definition of “ecclesiastical district” insert— |
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| | ““England and Wales legislation” has the same |
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| | meaning as in the Marriage (Same Sex Couples) |
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| | |
51 | Page 53, line 45, at end insert— |
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| | “( ) | After subsection (5) insert— |
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| | “(6) | If, for the purpose of any provision of this Act, a relevant |
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| | governing authority has given written consent to marriages of |
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| | same sex couples, the validity of that consent is not affected only |
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| | because there is a change in the person or persons constituting |
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| | that relevant governing authority.”.” |
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|
