Commentary on Provisions Modification of sections 3 and 3D
63.Sections 3 and 3D of the Gender Recognition Act set out requirements that an application under section 1 must satisfy. (The requirements set out in section 3 apply if the application does not bear to be an application for a certificate under section 3A, 3C or 3E, whereas the requirements set out in section 3D apply if the application does bear to be an application for a certificate under section 3C.)(3) Those sections are modified by sub-paragraphs (2) and (3) of paragraph 5 of schedule 2 so that applicants have to provide, as part of an application, a statutory declaration about the applicant’s civil partnership. In particular, there must be a statutory declaration about whether or not the applicant’s civil partner consents to the partnership continuing.
64.If a statutory declaration is made that the applicant’s partner has consented to the partnership continuing, sections 3 and 3D are further modified so that the gender recognition panel, on receiving such a statutory declaration, must inform the applicant’s civil partner. Whether or not an applicant’s civil partner has consented to their civil partnership continuing will determine whether a full gender recognition certificate or an interim certificate has to be issued (see paragraph 66 below).
65.It is a crime to deliberately make a false statement in a statutory declaration (see section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995).