(b) the survivors of such couples.

(3) The Secretary of State may, by regulations, make further provision
about cases where (because of regulations under subsection (1))—

(a) section 17,

(b) 5section 24D, or

(c) section 37,

does not have its special effect in relevant gender change cases.

(4) Regulations under subsection (3) may, in particular, provide for the
section in question to have its ordinary effect in relevant gender
10change cases.

(5) Regulations under subsection (1) or (3) may, in particular, modify or
disapply any enactment that concerns information relating to—

(a) the gender or sex of a person, or

(b) the change of gender or sex of a person,

15including any enactment that concerns requests for, or disclosure of,
such information.

(6) In this section, in relation to section 17, 24D or 37—

(a) “relevant gender change case” has the same meaning as in
that section;

(b) 20“special effect” means the effect which the section has (if
regulations under subsection (1) of this section are ignored)
in relation to relevant gender change cases, insofar as that
effect is different from the section’s ordinary effect;

(c) “ordinary effect” means the effect which the section has in
25relation to same sex married couples in cases that are not
relevant gender change cases.”.

24 In section 47 (further provisions about effect of entitlement to guaranteed
minimum pension on payment of social security benefits), in subsection (1)
after “widower” insert “, surviving same sex spouse”.

25 30In section 84 (basis of revaluation), in subsection (5), after “widower” insert
“, surviving same sex spouse”.

26 In Schedule 3 (methods of revaluing accrued pension benefits), in paragraph
1(1E)(b), after “widower” insert “, surviving same sex spouse”.

Part 7 35General

Contrary provision

27 (1) The relevant enactments are subject to—

(a) the preceding provisions of this Schedule, and

(b) any order under sub-paragraph (3).

(2) 40The relevant enactments are subject to any other contrary provision made
by—

(a) the other provisions of this Act,

(b) any other subordinate legislation made under this Act, and

(c) any new England and Wales legislation,

including any such contrary provision contained in amendments of existing
England and Wales legislation.

(3) The Secretary of State may by order—

(a) 5provide that a relevant enactment has effect subject to provision
made by the order, or

(b) specify cases in which a relevant enactment does not apply.

(4) In this paragraph “relevant enactment” means—

(a) section 11(1) and (2) and Schedule 3 (equivalence of all marriages in
10law), or

(b) section 9(6)(b) (marriage arising from conversion of civil partnership
treated as having subsisted from formation of civil partnership).

Section 12

SCHEDULE 5 Change of gender of married persons or civil partners

15Part 1 Applications by married persons and civil partners

Introduction

1 The Gender Recognition Act 2004 is amended in accordance with this Part
of this Schedule.

20Evidence

2 Section 3 (evidence): after subsection (6) insert—

“(6A) If the applicant is married, an application under section 1(1) must
include a statutory declaration as to whether the marriage is a
marriage under the law of England and Wales, of Scotland, of
25Northern Ireland, or of a country or territory outside the United
Kingdom.

(6B) If the applicant is married, and the marriage is a protected marriage,
an application under section 1(1) must also include—

(a) a statutory declaration by the applicant’s spouse that the
30spouse consents to the marriage continuing after the issue of
a full gender recognition certificate (“a statutory declaration
of consent”) (if the spouse has made such a declaration), or

(b) a statutory declaration by the applicant that the applicant’s
spouse has not made a statutory declaration of consent (if
35that is the case).

(6C) If an application includes a statutory declaration of consent by the
applicant’s spouse, the Gender Recognition Panel must give the
spouse notice that the application has been made.”.

Successful applications

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) 5the 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
10certificate 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
15certificate,

(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
20application 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
25protected 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) 30Subsection (2)(c) is subject to section 5B.”.

Issue of full certificate after interim certificate: applicant married

4 After section 4 insert—

“Issue of full certificate after interim certificate: applicant married

4A Married person with interim certificate: issue of full certificate

(1) 35A 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
40the 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) 5an 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
10six 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) 15the 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) 20An 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
25is 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
30made, 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) 35notice 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
40under section 9 of the Marriage (Same Sex Couples) Act 2013.

4B Application 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
45section 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
5required 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;

• 10“required evidence” means the evidence required by section
  5(4).”.

Applications by both civil partners

5 After section 5A insert—

“Other provision about applications and certificates

5B 15Applications by both civil partners

(1) This section applies where the Panel decides to issue a full gender
recognition certificate to a party to a protected civil partnership.

(2) The Panel must not issue the full gender recognition certificate to
that person unless the Panel issues a full gender recognition
20certificate to the other party to the protected civil partnership.

(3) In such a case, the Panel must issue both certificates on the same day.

(4) Those certificates take effect at the beginning of the day on which
they are issued.”.

Errors in certificates

6 25Section 6 (errors in certificates)—

(a) for the title substitute “Errors”;

(b) for subsection (1) substitute—

“(1) Where a gender recognition certificate has been issued to a
person, the person or the Secretary of State may make an
30application for—

(a) an interim gender recognition certificate, on the
ground that a full gender recognition certificate has
incorrectly been issued instead of an interim
certificate;

(b) 35a full gender recognition certificate, on the ground
that an interim gender recognition certificate has
incorrectly been issued instead of a full certificate; or

(c) a corrected certificate, on the ground that the
certificate which has been issued contains an error.”;

(c) subsection (3): for paragraph (a) substitute—

“(a) must grant the application if satisfied that the ground
on which the application is made is correct, and”;

(d) subsection (4): for “a corrected” substitute “a correct, or a corrected,”.

5Applications: supplementary

7 Section 7 (applications: supplementary), subsection (1): after “1(1),” insert
“4A,”.

Appeals etc

8 Section 8 (appeals etc)—

(a) 10subsection (1): after “1(1),” insert “4A,”;

(b) subsection (5): after “1(1),” insert “4A,”;

(c) after subsection (5) insert—

“(5A) If an application under section 1(1), 4A, 5(2), 5A(2) or 6(1) is
granted, the applicant’s spouse may apply to the High Court
15or Court of Session to quash the decision to grant the
application on the grounds that its grant was secured by
fraud.”;

(d) subsection (6): after “subsection (5)” insert “or an application under
subsection (5A)”.

20Change in gender of party to marriage

9 After section 11 insert—

“11A Change in gender of party to marriage

(1) This section applies in relation to a protected marriage if (by virtue
of section 4(2)(b) or 4A) a full gender recognition certificate is issued
25to a party to the marriage.

(2) The continuity of the protected marriage is not affected by the
relevant change in gender.

(3) If the protected marriage is a foreign marriage—

(a) the continuity of the marriage continues by virtue of
30subsection (2) notwithstanding any impediment under the
proper law of the marriage;

(b) the proper law of the marriage is not affected by its
continuation by virtue of subsection (2).

(4) In this section—

• 35“foreign marriage” means a marriage under the law of a country
  or territory outside the United Kingdom;

• “impediment” means anything which affects the continuation
  of a marriage merely by virtue of the relevant change in
  gender;

• 40“proper law”, in relation to a protected marriage, means the law
  of the country or territory under which the marriage was
  entered into;

Marriage (Same Sex Couples) BillPage 46

• “relevant change in gender” means the change or changes of
  gender occurring by virtue of the issue of the full gender
  recognition certificate or certificates.”.

Registration

10 (1) 5Section 10 (registration): after subsection (1) insert—

“(1A) Where a full gender recognition certificate is issued to a person who
is a party to—

(a) a marriage under the law of England and Wales, or

(b) a civil partnership under that law,

10the Secretary of State must send a copy of the certificate to the
Registrar General for England and Wales.”.

(2) Schedule 3 (registration), Part 1 (England and Wales): at end insert—

“Registration of marriages and civil partnerships

11A (1) The Registrar General may make regulations about—

(a) 15the registration of qualifying marriages, and

(b) the registration of qualifying civil partnerships.

(2) The regulations may, in particular, provide for the maintenance
of—

(a) a separate register in relation to qualifying marriages, and

(b) 20a separate register in relation to qualifying civil
partnerships.

(3) In this paragraph—

• “qualifying civil partnership” means a civil partnership
  under the law of England and Wales in a case where a full
  25gender recognition certificate has been issued to each of
  the civil partners;

• “qualifying marriage” means a marriage under the law of
  England and Wales in a case where a full gender
  recognition certificate has been issued to one, or each, of
  30the spouses.”.

Change in gender of civil partners

11 After section 11A (inserted by paragraph 9) insert—

“11B Change in gender of civil partners

The continuity of a civil partnership is not affected by the issuing of
35full gender recognition certificates (by virtue of section 4(2)(c)) to
both civil partners.”.

Foreign gender change and marriage

12 Section 21 (foreign gender change and marriage)—

(a) after subsection (1) insert—

“(1A) 40Subsections (2) to (5) apply only in Scotland and Northern
Ireland.”;

(b) subsection (2): for “Accordingly,” substitute “In accordance with
subsection (1),”.

Prohibition on disclosure of information

13 Section 22 (prohibition on disclosure of information), subsection (2)(a): after
5“section” insert “4A,”.

Interpretation

14 Section 25 (interpretation)—

(a) after the definition of “Gender Recognition Panel” insert—

• ““protected civil partnership” means a civil partnership
  10under the law of England and Wales;

• “protected marriage” means—

  (a)

  a marriage under the law of England and
  Wales, or

  (b)

  a marriage under the law of a country or
  15territory outside the United Kingdom,”;

(b) after the definition of “registered psychologist” insert—

• ““statutory declaration of consent” has the meaning
  given by section 3(6B)(a),”.

Part 2 20Alternative grounds for granting applications for gender recognition
certificates

Introduction

15 The Gender Recognition Act 2004 is amended in accordance with this Part
of this Schedule.

25Alternative grounds for granting applications

16 Section 2 (determination of applications): after subsection (3) insert—

“(3A) This section does not apply to an application under section 1(1)(a)
which states that it is an application for a certificate to be granted in
accordance with section 3A.”

17 30After section 3 insert—

“3A Alternative grounds for granting applications

(1) This section applies to an application under section 1(1)(a) which
states that it is an application for a certificate to be granted in
accordance with this section.

(2) 35The Panel must grant the application if satisfied that the applicant
complies with the requirements imposed by and under section 3B
and meets the conditions in subsections (3) to (6).

(3) The first condition is that the applicant was a party to a protected
marriage or a protected civil partnership on or before the date the
40application was made.

(4) The second condition is that the applicant—

(a) was living in the acquired gender six years before the
commencement of section 12 of the Marriage (Same Sex
Couples) Act 2013,

(b) 5continued to live in the acquired gender until the date the
application was made, and

(c) intends to continue to live in the acquired gender until death.

(a)(a)was living in the acquired gender six years before the
commencement of section 12 of the Marriage (Same Sex
10Couples) Act 2013,

(b) continued to live in the acquired gender until the date the
application was made, and

(c) intends to continue to live in the acquired gender until death.

(5) The third condition is that the applicant—

(a) 15has or has had gender dysphoria, or

(b) has undergone surgical treatment for the purpose of
modifying sexual characteristics.

(a)(a)has or has had gender dysphoria, or

(b) has undergone surgical treatment for the purpose of
20modifying sexual characteristics.

(6) The fourth condition is that the applicant is ordinarily resident in
England, Wales or Scotland.

(7) The Panel must reject the application if not required by subsection (2)
to grant it.”

25Evidence for granting applications on alternative grounds

18 Section 3 (evidence): after subsection (8) insert—

“(9) This section does not apply to an application under section 1(1)(a)
which states that it is an application for a certificate to be granted in
accordance with section 3A.”

19 30After section 3A (inserted by paragraph 17) insert—

“3B Evidence for granting applications on alternative grounds

(1) This section applies to an application under section 1(1)(a) which
states that it is an application for a certificate to be granted in
accordance with section 3A.

(2) 35The application must include either—

(a) a report made by a registered medical practitioner, or

(b) a report made by a registered psychologist practising in the
field of gender dysphoria.

(3) If the application is based on the applicant having or having had
40gender dysphoria—

(a) the reference in subsection (2) to a registered medical
practitioner is to one practising in the field of gender
dysphoria, and

(b) that subsection is not complied with unless the report
45includes details of the diagnosis of the applicant’s gender
dysphoria.

(4) Subsection (2) is not complied with in a case where—

(a) the applicant has undergone or is undergoing treatment for
the purpose of modifying sexual characteristics, or

(b) 50treatment for that purpose has been prescribed or planned
for the applicant,

unless the report required by that subsection includes details of it.

(5) The application must also include a statutory declaration by the
applicant that the applicant meets the conditions in section 3A(3) and
(4).

(6) The application must include—

(a) 5a statutory declaration as to whether or not the applicant is
married or a civil partner,

(b) any other information or evidence required by an order made
by the Secretary of State, and

(c) any other information or evidence which the Panel which is
10to determine the application may require,

and may include any other information or evidence which the
applicant wishes to include.

(7) If the applicant is married, the application must include a statutory
declaration as to whether the marriage is a marriage under the law of
15England and Wales, of Scotland, of Northern Ireland, or of a country
or territory outside the United Kingdom.

(8) If the applicant is married, and the marriage is a protected marriage,
the application must also include—

(a) a statutory declaration of consent by the applicant’s spouse
20(if the spouse has made such a declaration), or

(b) a statutory declaration by the applicant that the applicant’s
spouse has not made a statutory declaration of consent (if
that is the case).

(9) If the application includes a statutory declaration of consent by the
25applicant’s spouse, the Panel must give the spouse notice that the
application has been made.

(10) If the Panel which is to determine the application requires
information or evidence under subsection (6)(c) it must give reasons
for doing so.”.

30Membership of Panels determining applications on alternative grounds

20 Schedule 1 (Gender Recognition Panels), paragraph 4: after sub-paragraph
(2) insert—

“(3) But a Panel need not include a medical member when determining
an application under section 1(1)(a) for a certificate to be granted
35in accordance with section 3A.”.