Female Genital Mutilation Act 2003 (c. 31)

[F1 SCHEDULE 2 E+W+N.I. Female genital mutilation protection orders

Textual Amendments

F1 Sch. 2 inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(2), 88(1) (with s. 86(14)(15)); S.I. 2015/1428, reg. 2(a)

PART 1 E+W+N.I. England and Wales

Applications and other occasions for making orders E+W+N.I.

2 (1) The court may make an FGM protection order— E+W+N.I.

(a) on an application being made to it, or

(b) without an application being made to it but in the circumstances mentioned in sub-paragraph (6).

(2) An application may be made by—

(a) the girl who is to be protected by the order, or

(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 girl to be protected;

(b) the applicant's knowledge of the circumstances of the girl.

(5) An application under this paragraph 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 an FGM protection order should be made to protect a girl (whether or not a party to the proceedings), and

(c) a person who would be a respondent to any proceedings for an FGM protection order is a party to the current proceedings.

(7) In this paragraph—

• “family proceedings” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 63(1) and (2) of that Act), but also includes—

  (a)

  proceedings under the inherent jurisdiction of the High Court in relation to adults,

  (b)

  proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 which includes an exclusion requirement (as defined in section 44A(3) of that Act), and

  (c)

  proceedings in which the court has made an order under section 50 of the Children Act 1989 (recovery of abducted children etc);

• “relevant third party” means a person specified, or falling within a description of persons specified, by regulations made by the Lord Chancellor (and such regulations may, in particular, specify the Secretary of State).

(8) Regulations under sub-paragraph (7) are to be made by statutory instrument, and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.]