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

Section 3: Applications for orders

11.Subsection (1), read with subsection (2), provides that the person to be protected or a relevant third party can apply for a forced marriage protection order without leave to the court. Subsection (7) defines “relevant third party” to mean a local authority, the Lord Advocate or a person specified by order made by the Scottish Ministers.

12.Subsection (2) provides that any other applicant must first get the permission of the court before they are able to make an application and subsection (3) sets out the criteria that the court must consider in deciding whether to grant permission.

13.Subsections (5) and (6) provide that applications to a sheriff are to be made by summary application to the sheriff in whose sheriffdom the person to be protected is ordinarily resident or, if the protected person is not ordinarily resident in Scotland, to the sheriff of the sheriffdom of Lothian and Borders at Edinburgh.

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