LegalizeReform history
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
4 versions
· 2011-04-27
2023-11-30
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
2016-11-28
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
2011-11-28
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
Changes on 2011-11-28
@@ -16,17 +16,17 @@
- (2) In deciding whether to make such an order and, if so, what order to make, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the protected person.
- (3) In ascertaining the protected person’s well-being, the court must, in particular, have such regard to the person’s wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate on the basis of the person’s age and understanding.
- (4) For the purposes of this Part, a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A’s free and full consent.
- (3) In ascertaining the protected person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate on the basis of the person's age and understanding.
- (4) For the purposes of this Part, a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A's free and full consent.
- (5) For the purposes of subsection (4), it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person.
- (6) In this Part—
- “force” includes— coerce by physical, verbal or psychological means, threatening conduct, harassment or other means, knowingly take advantage of a person’s incapacity to consent to marriage or to understand the nature of the marriage, and related expressions are to be read accordingly,
- “forced marriage protection order” means an order under subsection (1).
- “*force*” includes—coerce by physical, verbal or psychological means, threatening conduct, harassment or other means,knowingly take advantage of a person's incapacity to consent to marriage or to understand the nature of the marriage,and related expressions are to be read accordingly,
- “*forced marriage protection order*” means an order under subsection (1).
#### Contents of orders
@@ -88,13 +88,13 @@
- (3) In deciding whether to grant such leave, the court must have regard to all the circumstances including—
- (a) the applicant’s connection with the protected person,
- (b) the applicant’s knowledge of the circumstances of the protected person, and
- (a) the applicant's connection with the protected person,
- (b) the applicant's knowledge of the circumstances of the protected person, and
- (c) the wishes and feelings of the protected person so far as they are reasonably ascertainable.
- (4) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person’s age and understanding, to do so.
- (4) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person's age and understanding, to do so.
- (5) An application made to the sheriff under this section is to be made by summary application.
@@ -104,7 +104,7 @@
- (b) where the protected person is not ordinarily resident in Scotland, to the sheriff of the sheriffdom of Lothian and Borders at Edinburgh.
- (7) In this section, “a relevant third party” means—
- (7) In this section, “*a relevant third party*” means—
- (a) a local authority,
@@ -178,13 +178,13 @@
- (2) In deciding whether to grant leave under subsection (1)(d), the court must have regard to all the circumstances including—
- (a) the applicant’s connection with the protected person,
- (b) the applicant’s knowledge of the circumstances of the protected person, and
- (a) the applicant's connection with the protected person,
- (b) the applicant's knowledge of the circumstances of the protected person, and
- (c) the wishes and feelings of the protected person so far as they are reasonably ascertainable.
- (3) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person’s age and understanding, to do so.
- (3) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person's age and understanding, to do so.
- (4) In addition, the court may vary or recall a forced marriage protection order made by virtue of section 4(1) even though no application under subsection (1) of this section has been made to the court.
@@ -212,13 +212,13 @@
- (4) In deciding whether to grant leave under subsection (3)(d), the court must have regard to all the circumstances including—
- (a) the applicant’s connection with the protected person,
- (b) the applicant’s knowledge of the circumstances of the protected person, and
- (a) the applicant's connection with the protected person,
- (b) the applicant's knowledge of the circumstances of the protected person, and
- (c) the wishes and feelings of the protected person so far as they are reasonably ascertainable.
- (5) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person’s age and understanding, to do so.
- (5) But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person's age and understanding, to do so.
- (6) In addition, where the order was made by virtue of section 4(1), the court may before the expiry of the period extend the order even though no application has been made to the court.
@@ -288,15 +288,15 @@
- (b) any criminal liability,
- (c) any civil remedies under the Protection from Harassment Act [1997 (c.40)](https://www.legislation.gov.uk/ukpga/1997/40),
- (c) any civil remedies under the Protection from Harassment Act 1997 (c.40),
- (d) any right to—
- (i) an order under the Matrimonial Homes (Family Protection) (Scotland) Act [1981 (c.59)](https://www.legislation.gov.uk/ukpga/1981/59) relating to occupancy rights,
- (i) an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59) relating to occupancy rights,
- (ii) an exclusion order under that Act,
- (e) any protection or assistance under the Children (Scotland) Act [1995 (c.36)](https://www.legislation.gov.uk/ukpga/1995/36) or the Children’s Hearings (Scotland) Act [2011 (asp 1)](https://www.legislation.gov.uk/asp/2011/1),
- (e) any protection or assistance under the Children (Scotland) Act 1995 (c.36) or the Children's Hearings (Scotland) Act 2011 (asp 1),
- (f) any claim in delict, or
@@ -306,7 +306,7 @@
##### 13
- (1) The Children’s Hearings (Scotland) Act [2011 (asp 1)](https://www.legislation.gov.uk/asp/2011/1) is amended as follows.
- (1) The Children's Hearings (Scotland) Act 2011 (asp 1) is amended as follows.
- (2) In section 62(5) (provision of information by court)—
@@ -315,7 +315,7 @@
- (b) after paragraph (m) insert—
> (n) an application for the making, variation, recall or extension of—
> (i) a forced marriage protection order (as defined in section 1(6) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act [2011 (asp 15)](https://www.legislation.gov.uk/asp/2011/15)), or
> (i) a forced marriage protection order (as defined in section 1(6) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)), or
> (ii) an interim forced marriage protection order (as defined in section 5(2) of that Act),
> (o) civil proceedings in which a court makes an order such as is mentioned in sub-paragraph (i) or (ii) of paragraph (n) by virtue of section 4(1) of that Act (power to make order without application), or
> (p) proceedings relating to an offence under section 9(1) of that Act (offence of breaching order).
@@ -329,7 +329,7 @@
- (b) after paragraph (p) insert—
> (q) the child—
> (i) has been, is being or is likely to be forced into a marriage (that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act [2011 (asp 15)](https://www.legislation.gov.uk/asp/2011/15)) or,
> (i) has been, is being or is likely to be forced into a marriage (that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)) or,
> (ii) is, or is likely to become, a member of the same household as such a child.
.
@@ -340,17 +340,17 @@
In this Part (except where the context otherwise requires)—
- “court” means the Court of Session or the sheriff,
- “*court*” means the Court of Session or the sheriff,
- “force” and related expressions have the meanings given by section 1(6),
- “forced marriage protection order” has the meaning given by section 1(6),
- “interim forced marriage protection order” has the meaning given by section 5(2),
- “marriage” means any religious or civil ceremony of marriage (wherever carried out and whether or not legally binding under the law of Scotland or any other place),
- “protected person” has the meaning given by section 1(1).
- “*forced marriage protection order*” has the meaning given by section 1(6),
- “*interim forced marriage protection order*” has the meaning given by section 5(2),
- “*marriage*” means any religious or civil ceremony of marriage (wherever carried out and whether or not legally binding under the law of Scotland or any other place),
- “*protected person*” has the meaning given by section 1(1).
## Part 2 — Declarators of nullity of marriage in sheriff court
@@ -358,7 +358,7 @@
##### 15
- (1) Section 8 of the Domicile and Matrimonial Proceedings Act [1973 (c.45)](https://www.legislation.gov.uk/ukpga/1973/45) (jurisdiction of sheriff court in respect of certain actions) is amended as follows.
- (1) Section 8 of the Domicile and Matrimonial Proceedings Act 1973 (c.45) (jurisdiction of sheriff court in respect of certain actions) is amended as follows.
- (2) In subsection (1)—
@@ -392,13 +392,13 @@
- (4) In subsection (3)—
- (a) after “divorce” insert “or declarator of nullity of marriage”,
- (b) after “subsection (2)”, where it first occurs, insert “or (2A)”, and
- (c) for “or of” substitute “(2A) or”.
- (5) In subsection (4), after “divorce” insert “or declarator of nullity of marriage”.
- (a) after “divorce” insert “ or declarator of nullity of marriage ”,
- (b) after “subsection (2)”, where it first occurs, insert “ or (2A) ”, and
- (c) for “or of” substitute “ (2A) or ”.
- (5) In subsection (4), after “divorce” insert “ or declarator of nullity of marriage ”.
## Part 3 — General
@@ -495,7 +495,3 @@
[^key-aec6dd2c116ac8908f82ff80364e6af2]: [S. 17](https://www.legislation.gov.uk/asp/2011/15/section/17) in force at 28.11.2011 by [S.S.I. 2011/352](https://www.legislation.gov.uk/ssi/2011/352), [art. 2](https://www.legislation.gov.uk/ssi/2011/352/article/2)
[^key-1499fb8c6ea013903aa998ed31abd3ab]: [S. 18](https://www.legislation.gov.uk/asp/2011/15/section/18) in force at 28.11.2011 by [S.S.I. 2011/352](https://www.legislation.gov.uk/ssi/2011/352), [art. 2](https://www.legislation.gov.uk/ssi/2011/352/article/2)
#### Forced marriage protection orders
#### Ancillary provision
2011-04-27
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 20
original version
Text at this date