LegalizeReform history
Forced Marriage (Civil Protection) Act 2007
3 versions
· 2007-07-26
2010-04-12
Forced Marriage (Civil Protection) Act 2007
2008-11-25
Forced Marriage (Civil Protection) Act 2007
Changes on 2008-11-25
@@ -4,19 +4,19 @@
##### 1
After Part 4 of the Family Law Act [1996 (c. 27)](https://www.legislation.gov.uk/ukpga/1996/27) insert—
After Part 4 of the Family Law Act 1996 (c. 27) insert—
> (63A)
> (1) The court may make an order for the purposes of protecting—
> (a) a person from being forced into a marriage or from any attempt to be forced into a marriage; or
> (b) a person who has been forced into a marriage.
> (2) In deciding whether to exercise its powers under this section and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected.
> (3) In ascertaining that 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 in the light 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 that 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 in the light 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 threats or other psychological means (and related expressions are to be read accordingly); and
> - “forced marriage protection order” means an order under this section.
> - “*force*” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and
> - “*forced marriage protection order*” means an order under this section.
> (63B)
> (1) A forced marriage protection order may contain—
> (a) such prohibitions, restrictions or requirements; and
@@ -38,17 +38,20 @@
> (b) a relevant third party.
> (3) An application may be made by any other person with the leave of the court.
> (4) In deciding whether to grant leave, the court must have regard to all the circumstances including—
> (a) the applicant’s connection with the person to be protected;
> (b) the applicant’s knowledge of the circumstances of the person to be protected; and
> (c) the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person’s age and understanding, to have regard to them.
> (a) the applicant's connection with the person to be protected;
> (b) the applicant's knowledge of the circumstances of the person to be protected; and
> (c) the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person's age and understanding, to have regard to them.
> (5) An application under this section may be made in other family proceedings or without any other family proceedings being instituted.
> (6) The circumstances in which the court may make an order without an application being made are where—
> (a) any other family proceedings are before the court (“the current proceedings”);
> (b) the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the current proceedings); and
> (c) a person who would be a respondent to any such proceedings for a forced marriage protection order is a party to the current proceedings.
> (7) In this section—
> - “family proceedings” has the same meaning as in Part 4 (see section 63(1) and (2)) but also includes— proceedings under the inherent jurisdiction of the High Court in relation to adults; proceedings in which the court has made an emergency protection order under section 44 of the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41) which includes an exclusion requirement (as defined in section 44A(3) of that Act); and proceedings in which the court has made an order under section 50 of the Act of 1989 (recovery of abducted children etc.); and
> - “relevant third party” means a person specified, or falling within a description of persons specified, by order of the Lord Chancellor.
> - “*family proceedings*” has the same meaning as in Part 4 (see section 63(1) and (2)) but also includes—
> 1. proceedings under the inherent jurisdiction of the High Court in relation to adults;
> 2. proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 (c. 41) which includes an exclusion requirement (as defined in section 44A(3) of that Act); and
> 3. proceedings in which the court has made an order under section 50 of the Act of 1989 (recovery of abducted children etc.); and
> - “*relevant third party*” means a person specified, or falling within a description of persons specified, by order of the Lord Chancellor.
> (8) An order of the Lord Chancellor under subsection (7) may, in particular, specify the Secretary of State.
> (63D)
> (1) The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.
@@ -91,11 +94,11 @@
> (4) The court may attach a power of arrest to one or more provisions of the order if it considers that there is a risk of significant harm to a person, attributable to conduct of the respondent, if the power of arrest is not attached to the provisions immediately.
> (5) The court may provide for a power of arrest attached to any provisions of an order under subsection (4) to have effect for a shorter period than the other provisions of the order.
> (6) Any period specified for the purposes of subsection (5) may be extended by the court (on one or more occasions) on an application to vary or discharge the order.
> (7) In this section “respondent” includes any person who is not a respondent but to whom an order is directed.
> (7) In this section “*respondent*” includes any person who is not a respondent but to whom an order is directed.
> (63I)
> (1) Subsection (2) applies if a power of arrest is attached to provisions of a forced marriage protection order under section 63H.
> (2) A constable may arrest without warrant a person whom the constable has reasonable cause for suspecting to be in breach of any such provision or otherwise in contempt of court in relation to the order.
> (3) A person arrested under subsection (2) must be brought before the relevant judge within the period of 24 hours beginning at the time of the person’s arrest.
> (3) A person arrested under subsection (2) must be brought before the relevant judge within the period of 24 hours beginning at the time of the person's arrest.
> (4) In calculating any period of 24 hours for the purposes of subsection (3), Christmas Day, Good Friday and any Sunday are to be ignored.
> (63J)
> (1) Subsection (2) applies if the court has made a forced marriage protection order but—
@@ -106,7 +109,7 @@
> (3) The relevant judge must not issue a warrant on an application under subsection (2) unless—
> (a) the application is substantiated on oath; and
> (b) the relevant judge has reasonable grounds for believing that the person to be arrested has failed to comply with the order or is otherwise in contempt of court in relation to the order.
> (4) In this section “interested party”, in relation to a forced marriage protection order, means—
> (4) In this section “*interested party*”, in relation to a forced marriage protection order, means—
> (a) the person being protected by the order;
> (b) (if a different person) the person who applied for the order; or
> (c) any other person;
@@ -127,9 +130,9 @@
> (a) under section 63I(2); or
> (b) under a warrant issued on an application made under section 63J(2);
> is suffering from mental illness or severe mental impairment.
> (5) The relevant judge has the same power to make an order under section 35 of the Mental Health Act [1983 (c. 20)](https://www.legislation.gov.uk/ukpga/1983/20) (remand for report on accused’s mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.
> (5) The relevant judge has the same power to make an order under section 35 of the Mental Health Act 1983 (c. 20) (remand for report on accused's mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.
> (63M)
> (1) For the purposes of this Part “the court” means the High Court or a county court.
> (1) For the purposes of this Part “*the court*” means the High Court or a county court.
> (2) Subsection (1) is subject to any provision made by virtue of subsections (3) and (4).
> (3) Section 57(3) to (12) (allocation of proceedings to courts etc.) apply for the purposes of this Part as they apply for the purposes of Part 4 but as if the following modification were made.
> (4) The modification is that section 57(8) is to be read as if there were substituted for it—
@@ -140,12 +143,12 @@
> (1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order provide for magistrates' courts to be included among the courts who may hear proceedings under this Part.
> (2) An order under subsection (1) may, in particular, make any provision in relation to magistrates' courts which corresponds to provision made in relation to such courts by or under Part 4.
> (3) Any power to make an order under this section (including that power as extended by section 65(2)) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Part or any other enactment.
> (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act [2005 (c. 4)](https://www.legislation.gov.uk/ukpga/2005/4)) to exercise the Lord Chief Justice’s functions under this section.
> (63O) The powers of the court in relation to contempt of court arising out of a person’s failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.
> (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the Lord Chief Justice's functions under this section.
> (63O) The powers of the court in relation to contempt of court arising out of a person's failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.
> (63P)
> (1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of an order made under section 57(5) as applied by section 63M(3) and (4).
> (2) Except so far as provided for in any order made under subsection (1), no appeal may be made against any decision of a kind mentioned in that subsection.
> (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice’s functions under this section.
> (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under this section.
> (63Q)
> (1) The Secretary of State may from time to time prepare and publish guidance to such descriptions of persons as the Secretary of State considers appropriate about—
> (a) the effect of this Part or any provision of this Part; or
@@ -159,17 +162,19 @@
> (2) In particular, it does not affect—
> (a) the inherent jurisdiction of the High Court;
> (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 an occupation order or a non-molestation order under Part 4 of this Act;
> (e) any protection or assistance under the Children Act [1989 (c. 41)](https://www.legislation.gov.uk/ukpga/1989/41);
> (e) any protection or assistance under the Children Act 1989 (c. 41);
> (f) any claim in tort; or
> (g) the law of marriage.
> (63S) In this Part—
> - “the court” is to be read with section 63M;
> - “force” (and related expressions), in relation to a marriage, are to be read in accordance with section 63A(4) to (6);
> - “forced marriage protection order” has the meaning given by section 63A(6);
> - “marriage” means any religious or civil ceremony of marriage (whether or not legally binding); and
> - “the relevant judge”, in relation to any order under this Part, means— where the order was made by the High Court, a judge of that court; and where the order was made by a county court, a judge or district judge of that or any other county court.
> - “*forced marriage protection order*” has the meaning given by section 63A(6);
> - “*marriage*” means any religious or civil ceremony of marriage (whether or not legally binding); and
> - “*the relevant judge*”, in relation to any order under this Part, means—
> 1. where the order was made by the High Court, a judge of that court; and
> 2. where the order was made by a county court, a judge or district judge of that or any other county court.
#### Protection against forced marriage: Northern Ireland
@@ -197,7 +202,7 @@
- (a) may contain such transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate; and
- (b) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I.12)](https://www.legislation.gov.uk/nisi/1979/1573)).
- (b) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).
- (6) Any power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including any Act passed in the same Session as this Act).
@@ -209,9 +214,9 @@
- (8) Subsection (7)(a) does not apply to an order which does not amend or repeal any provision of an Act and an order of the Lord Chancellor under this section which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
- (9) Subsection (7)(b) does not apply to an order which does not amend or repeal any provision of an Act or Northern Ireland legislation and an order of the Department of Finance and Personnel under this section which does not amend or repeal any provision of an Act or Northern Ireland legislation is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) [1954 (c. 33 (N.I.))](https://www.legislation.gov.uk/apni/1954/33)).
- (10) In this section “enactment” includes Northern Ireland legislation.
- (9) Subsection (7)(b) does not apply to an order which does not amend or repeal any provision of an Act or Northern Ireland legislation and an order of the Department of Finance and Personnel under this section which does not amend or repeal any provision of an Act or Northern Ireland legislation is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
- (10) In this section “*enactment*” includes Northern Ireland legislation.
#### Short title, commencement and extent
@@ -233,7 +238,7 @@
- (a) may contain such transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate; and
- (b) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I.12)](https://www.legislation.gov.uk/nisi/1979/1573)).
- (b) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).
- (6) Section 1 and Part 1 of Schedule 2 extend to England and Wales only.
@@ -257,17 +262,17 @@
- (2) In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected.
- (3) In ascertaining that 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 in the light of the person’s age and understanding.
- (4) For the purposes of this Schedule 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 that 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 in the light of the person's age and understanding.
- (4) For the purposes of this Schedule 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 sub-paragraph (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 Schedule—
- “force” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and
- “forced marriage protection order” means an order under this paragraph.
- “*force*” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and
- “*forced marriage protection order*” means an order under this paragraph.
#### Contents of orders
@@ -315,11 +320,11 @@
- (4) In deciding whether to grant leave, the court must have regard to all the circumstances including—
- (a) the applicant’s connection with the person to be protected;
- (b) the applicant’s knowledge of the circumstances of the person to be protected; and
- (c) the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person’s age and understanding, to have regard to them.
- (a) the applicant's connection with the person to be protected;
- (b) the applicant's knowledge of the circumstances of the person to be protected; and
- (c) the wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person's age and understanding, to have regard to them.
- (5) An application under this paragraph may be made in other family proceedings or without any other family proceedings being instituted.
@@ -333,9 +338,9 @@
- (7) In this paragraph—
- “family proceedings” has the same meaning as in the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071)) (see Article 2(2) and (3)) but also includes— proceedings under the inherent jurisdiction of the High Court in relation to adults; proceedings in which the court has made an emergency protection order under Article 63 of the Children (Northern Ireland) Order 1995 ([S.I. 1995/755 (N.I.2)](https://www.legislation.gov.uk/nisi/1995/755)) which includes an exclusion requirement (as defined in Article 63A(3) of that Order); and proceedings in which the court has made an order under Article 69 of the Order of 1995 (recovery of abducted children etc.); and
- “relevant third party” means a person specified, or falling within a description of persons specified, by order of the Department of Finance and Personnel.
- “*family proceedings*” has the same meaning as in the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) (see Article 2(2) and (3)) but also includes—proceedings under the inherent jurisdiction of the High Court in relation to adults;proceedings in which the court has made an emergency protection order under Article 63 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) which includes an exclusion requirement (as defined in Article 63A(3) of that Order); andproceedings in which the court has made an order under Article 69 of the Order of 1995 (recovery of abducted children etc.); and
- “*relevant third party*” means a person specified, or falling within a description of persons specified, by order of the Department of Finance and Personnel.
- (8) An order of the Department of Finance and Personnel under sub-paragraph (7) may, in particular, specify that Department.
@@ -359,7 +364,7 @@
- (3) If the court makes an order by virtue of sub-paragraph (1), it must specify a date for a full hearing.
- (4) In sub-paragraph (3), “full hearing” means a hearing of which notice has been given to all the parties in accordance with rules of court.
- (4) In sub-paragraph (3), “*full hearing*” means a hearing of which notice has been given to all the parties in accordance with rules of court.
#### Duration of orders
@@ -403,11 +408,11 @@
##### 8
- (1) For the purposes of this Schedule “the court” means the High Court or a county court.
- (1) For the purposes of this Schedule “*the court*” means the High Court or a county court.
- (2) Sub-paragraph (1) is subject to any provision made by virtue of sub-paragraphs (3) and (4).
- (3) Article 34(3) to (10) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071)) (allocation of proceedings to courts etc.) apply for the purposes of this Schedule as they apply for the purposes of that Order but as if the following modification were made.
- (3) Article 34(3) to (10) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) (allocation of proceedings to courts etc.) apply for the purposes of this Schedule as they apply for the purposes of that Order but as if the following modification were made.
- (4) The modification is that Article 34(8) is to be read as if there were substituted for it—
@@ -421,15 +426,15 @@
- (1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order provide for courts of summary jurisdiction to be included among the courts who may hear proceedings under this Schedule.
- (2) An order under sub-paragraph (1) may, in particular, make any provision in relation to courts of summary jurisdiction which corresponds to provision made in relation to such courts by or under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071)).
- (2) An order under sub-paragraph (1) may, in particular, make any provision in relation to courts of summary jurisdiction which corresponds to provision made in relation to such courts by or under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)).
- (3) Any power to make an order under this paragraph (including that power as extended by paragraph 14(3)) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Schedule or any other enactment.
- (4) In sub-paragraph (3) “enactment” includes Northern Ireland legislation.
- (5) The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice’s functions under this paragraph—
- (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act [2002 (c. 26)](https://www.legislation.gov.uk/ukpga/2002/26);
- (4) In sub-paragraph (3) “*enactment*” includes Northern Ireland legislation.
- (5) The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice's functions under this paragraph—
- (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
- (b) a Lord Justice of Appeal (as defined in section 88 of that Act).
@@ -437,7 +442,7 @@
##### 10
The powers of the court in relation to contempt of court arising out of a person’s failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.
The powers of the court in relation to contempt of court arising out of a person's failure to comply with a forced marriage protection order or otherwise in connection with such an order may be exercised by the relevant judge.
#### Appeals from county courts
@@ -449,9 +454,9 @@
- (b) any refusal by a county court to make such an order;
as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 ([S.I. 1980/397 (N.I.3)](https://www.legislation.gov.uk/nisi/1980/397)) (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).
- (2) But an appeal does not lie to the High Court under sub-paragraph (1) where the county court is a divorce county court exercising jurisdiction under the Matrimonial Causes (Northern Ireland) Order 1978 ([S.I. 1978/1045 (N.I.15)](https://www.legislation.gov.uk/nisi/1978/1045)) in the same proceedings.
as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I.3)) (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).
- (2) But an appeal does not lie to the High Court under sub-paragraph (1) where the county court is a divorce county court exercising jurisdiction under the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.15)) in the same proceedings.
- (3) Provision must be made by rules of court for an appeal to lie (upon a point of law, a question of fact or the admission or rejection of any evidence) to the Court of Appeal against—
@@ -461,7 +466,7 @@
by a county court of the type referred to in sub-paragraph (2).
- (4) Sub-paragraph (3) is without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 ([S.I. 1980/397 (N.I.3)](https://www.legislation.gov.uk/nisi/1980/397)) (cases stated).
- (4) Sub-paragraph (3) is without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I.3)) (cases stated).
- (5) On an appeal under sub-paragraph (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
@@ -481,13 +486,13 @@
##### 12
- (1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of an order made under Article 34(5) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071)) as applied by paragraph 8(3) and (4) above.
- (1) The Lord Chancellor may, after consulting the Lord Chief Justice, by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of an order made under Article 34(5) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) as applied by paragraph 8(3) and (4) above.
- (2) Except so far as provided for in any order made under sub-paragraph (1), no appeal may be made against any decision of a kind mentioned in that sub-paragraph.
- (3) The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice’s functions under this paragraph—
- (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act [2002 (c. 26)](https://www.legislation.gov.uk/ukpga/2002/26);
- (3) The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice's functions under this paragraph—
- (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
- (b) a Lord Justice of Appeal (as defined in section 88 of that Act).
@@ -517,9 +522,9 @@
- (b) may contain such incidental, supplemental, consequential, transitional, transitory or saving provision as the Department of Finance and Personnel considers appropriate;
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I.12)](https://www.legislation.gov.uk/nisi/1979/1573)); and
- (d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) [1954 (c. 33 (N.I.))](https://www.legislation.gov.uk/apni/1954/33)).
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and
- (d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
- (2) An order made by the Lord Chancellor by virtue of paragraph 8(3) and (4) or under paragraph 12(1)—
@@ -527,9 +532,9 @@
- (b) may contain such incidental, supplemental, consequential, transitional, transitory or saving provision as the Lord Chancellor considers appropriate;
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I.12)](https://www.legislation.gov.uk/nisi/1979/1573)); and
- (d) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument (and section 5 of the Statutory Instruments Act [1946 (c. 36)](https://www.legislation.gov.uk/ukpga/1946/36) applies accordingly).
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and
- (d) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument (and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly).
- (3) An order made by the Lord Chancellor under paragraph 9—
@@ -537,7 +542,7 @@
- (b) may contain such incidental, supplemental, consequential, transitional, transitory or saving provision as the Lord Chancellor considers appropriate;
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1573 (N.I.12)](https://www.legislation.gov.uk/nisi/1979/1573)); and
- (c) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and
- (d) is not to be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
@@ -557,11 +562,11 @@
- (b) any criminal liability;
- (c) any right to an occupation order or a non-molestation order under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071));
- (d) any civil remedies under the Protection from Harassment (Northern Ireland) Order 1997 ([S.I. 1997/1180 (N.I.9)](https://www.legislation.gov.uk/nisi/1997/1180));
- (e) any protection or assistance under the Children (Northern Ireland) Order 1995 ([S.I. 1995/755 (N.I.2)](https://www.legislation.gov.uk/nisi/1995/755));
- (c) any right to an occupation order or a non-molestation order under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6));
- (d) any civil remedies under the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I.9));
- (e) any protection or assistance under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2));
- (f) any claim in tort; or
@@ -577,11 +582,11 @@
- “force” (and related expressions), in relation to a marriage, are to be read in accordance with paragraph 1(4) to (6);
- “forced marriage protection order” has the meaning given by paragraph 1(6);
- “marriage” means any religious or civil ceremony of marriage (whether or not legally binding); and
- “the relevant judge”, in relation to any order under this Schedule, means— where the order was made by the High Court, a judge of that court; and where the order was made by a county court, a judge or district judge of that or any other county court.
- “*forced marriage protection order*” has the meaning given by paragraph 1(6);
- “*marriage*” means any religious or civil ceremony of marriage (whether or not legally binding); and
- “*the relevant judge*”, in relation to any order under this Schedule, means—where the order was made by the High Court, a judge of that court; andwhere the order was made by a county court, a judge or district judge of that or any other county court.
## SCHEDULE 2
@@ -589,15 +594,15 @@
##### 1
In paragraph 3(f)(i) of Schedule 1 to the Supreme Court Act [1981 (c. 54)](https://www.legislation.gov.uk/ukpga/1981/54) (distribution of business in High Court: family division) after “Part IV” insert “or 4A”.
In paragraph 3(f)(i) of Schedule 1 to the Supreme Court Act 1981 (c. 54) (distribution of business in High Court: family division) after “Part IV” insert “ or 4A ”.
##### 2
In section 58A(2)(f) of the Courts and Legal Services Act [1990 (c. 41)](https://www.legislation.gov.uk/ukpga/1990/41) (conditional fee agreements: supplementary) for “Part IV” substitute “Parts 4 and 4A”.
In section 58A(2)(f) of the Courts and Legal Services Act 1990 (c. 41) (conditional fee agreements: supplementary) for “Part IV” substitute “ Parts 4 and 4A ”.
##### 3
- (1) The Family Law Act [1996 (c. 27)](https://www.legislation.gov.uk/ukpga/1996/27) is amended as follows.
- (1) The Family Law Act 1996 (c. 27) is amended as follows.
- (2) In section 63(2) (interpretation of Part 4: family proceedings), after paragraph (b), insert—
@@ -607,21 +612,21 @@
- (3) In section 65 (rules, regulations and orders)—
- (a) in subsection (3) after “5(8)” insert “, 63N”; and
- (b) in subsection (4) after “5(8)” insert “or 63N”.
- (a) in subsection (3) after “5(8)” insert “ , 63N ”; and
- (b) in subsection (4) after “5(8)” insert “ or 63N ”.
## Part 2 — Northern Ireland
##### 4
In Article 2(3) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ([S.I. 1998/1071 (N.I.6)](https://www.legislation.gov.uk/nisi/1998/1071)) (interpretation: family proceedings), after sub-paragraph (h), insert—
In Article 2(3) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) (interpretation: family proceedings), after sub-paragraph (h), insert—
> (i) Schedule 1 to the Forced Marriage (Civil Protection) Act 2007.
##### 5
In Article 39(2) of the Access to Justice (Northern Ireland) Order 2003 ([S.I. 2003/435 (N.I.10)](https://www.legislation.gov.uk/nisi/2003/435)) (conditional fee agreements: supplementary), after sub-paragraph (g), insert—
In Article 39(2) of the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10)) (conditional fee agreements: supplementary), after sub-paragraph (g), insert—
> (h) Schedule 1 to the Forced Marriage (Civil Protection) Act 2007,
2007-07-26
Forced Marriage (Civil Protection) Act 2007
original version
Text at this date