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Equal Opportunities Committee 16 January 2014

16 Jan 2014 · S4 · Equal Opportunities Committee

Item of business

Marriage and Civil Partnership (Scotland) Bill: Stage 2

Neil, Alex SNP Airdrie and Shotts Watch on SPTV

Amendments 57 to 66, 69, 71 and 73 are designed to ensure that the Marriage (Same Sex Couples) Act 2013, which was passed at Westminster, and this bill work effectively together. In particular, schedule 5 to the 2013 act extends to Scotland. Schedule 5 amends the Gender Recognition Act 2004 and relates to persons who are in a marriage solemnised in England and Wales or overseas, or who are in a civil partnership registered in England and Wales. Schedule 5 extends to Scotland, as people in such marriages and civil partnerships may now live here. Therefore, schedule 2 to the bill and schedule 5 to the UK act both make provision extending to Scotland in respect of transgender people. The amendments in this group are aimed at ensuring that the provisions fit together.Amendment 57 makes various changes to amendments to the 2004 act. The first change is that the bill no longer replaces section 4(2) and (3) of the 2004 act. That is already provided for by paragraph 3 of schedule 5 to the 2013 act, so there is no need for the bill to provide for that as well.The second change is to add a new section 4(1A) to the 2004 act. That provides that an applicant to the gender recognition panel is to receive a full gender recognition certificate, or GRC, if the applicant is neither married nor in a civil partnership. The third change is consequential on that second change.The fourth change is to amend for Scotland new section 4(3) of the 2004 act, as substituted by the 2013 act. New section 4(3) of the 2004 act currently lays down that an interim GRC will be provided if the applicant is in a marriage that is not a marriage that is registered in England or Wales or overseas, or if the applicant is in a civil partnership that is not registered in England or Wales. The changes will ensure that a person in a marriage that has been solemnised in Scotland who has spousal consent to stay in the marriage and a person in a Scottish protected civil partnership whose partner is transitioning on the same day can receive a full GRC.Amendments 62 and 63 make similar changes. Amendment 62 will ensure that a person in a marriage that has been solemnised in England or Wales or overseas who has spousal consent to stay in the marriage can receive a full GRC. Amendment 63 will ensure that a person in a civil partnership that is registered in England or Wales whose partner is transitioning on the same day can receive a full GRC.Amendments 58, 61, 64 and 65 just change the numbers of sections that are being added to the 2004 act to ensure that there is no duplication of section numbers that were added by the 2013 act.Amendments 59 and 60 are consequential on amendment 57, and amendments 66, 69, 71 and 73 are consequential on amendment 58.I move amendment 57.Amendment 57 agreed to.Amendments 58 to 67 moved—Alex Neil—and agreed to.

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Equal Opportunities Committee 16 January 2014

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