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 may apply to Registrar General for Scotland for gender 8A Persons who 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— (za) “ordinarily resident in Scotland” includes a person who is seeking asylum in Scotland, (zb) “Scottish birth register entry” means an entry containing a record of a person’s birth or adoption— 25 (i) in a register kept by the Registrar General for Scotland, or (ii) of which a certified copy is kept by the Registrar General for Scotland.