Application for gender recognition certificate 2 Persons who may apply After section 8 of the 2004 Act insert— “Applications to the Registrar General for Scotland 10 8A Persons who may apply to Registrar General for Scotland for gender 1 recognition certificate (1) A person of either gender may apply to the Registrar General for Scotland for a gender recognition certificate on the basis of living in the other gender if the person— 15 (a) is aged at least 16, and (b) meets the condition in subsection (2). (2) The condition is that the person— (a) is the subject of a Scottish birth register entry, or (b) is not the subject of such an entry, but is ordinarily resident in Scotland. 20 (3) In this Act, “Scottish birth register entry” means an entry containing a record of a person’s birth or adoption— (a) in a register kept by the Registrar General for Scotland, or (b) of which a certified copy is kept by the Registrar General for Scotland. (4) For the purposes of this Act, if a person is the subject of more than one UK 25 birth register entry, the person is the subject of a Scottish birth register entry if the person’s most recent birth register entry is a Scottish birth register entry.”.