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Forced Marriage (Civil Protection) Act 2007

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Prospective

Part 4 N.I.Supplementary

GuidanceN.I.

13(1)The Department of Finance and Personnel may from time to time prepare and publish guidance to such descriptions of persons as the Department of Finance and Personnel considers appropriate about—N.I.

(a)the effect of this Schedule or any provision of this Schedule; or

(b)other matters relating to forced marriages.

(2)A person exercising public functions to whom guidance is given under this paragraph must have regard to it in the exercise of those functions.

(3)Nothing in this paragraph permits the Department of Finance and Personnel to give guidance to any court or tribunal.

OrdersN.I.

14(1)An order made by the Department of Finance and Personnel under paragraph 3(7) —N.I.

(a)may make different provision for different purposes;

(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)); 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)—

(a)may make different provision for different purposes;

(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)); 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—

(a)may make different provision for different purposes;

(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)); 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.

Other protection or assistance against forced marriageN.I.

15(1)This Schedule does not affect any other protection or assistance available to a person who—N.I.

(a)is being, or may be, forced into a marriage or subjected to an attempt to be forced into a marriage; or

(b)has been forced into a marriage.

(2)In particular, it does not affect—

(a)the inherent jurisdiction of the High Court;

(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));

(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

(g)the law of marriage.

InterpretationN.I.

16In this Schedule—N.I.

  • “the court” is to be read with paragraph 8(1);

  • “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—

    (a)

    where the order was made by the High Court, a judge of that court; and

    (b)

    where the order was made by a county court, a judge or district judge of that or any other county court.

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