Search Legislation

Forced Marriage etc. (Protection and Jurisdiction)(Scotland) Act 2011

Section 1: Forced marriage protection orders

5.Subsection (1) enables the Court of Session or a sheriff to make a forced marriage protection order for the purposes of protecting a person from being forced or from any attempt to force the person into a marriage, or protecting a person who has been forced into a marriage.

6.Subsections (2) and (3) set out the issues that the court must consider when deciding whether to make an order and the type of order that should be made.

7.Subsection (4) describes what a forced marriage means for the purposes of Part 1. Subsection (5) makes it clear that the conduct which forces a person into marriage does not have to be directed against that person and includes, for example, circumstances in which the perpetrator threatens to commit suicide if the person does not submit to the marriage.

8.Subsection (6) defines “force” to include coercion by physical, verbal or psychological means, threatening conduct, harassment or other means. This would include, for example, coercion by the threat of blackmail and coercion by other means which may involve the use of deception. It is also “force” to knowingly take advantage of a person’s incapacity to consent to marriage or to understand the nature of the marriage.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources