[F15NExtension of ordersS
(1)This section applies where a female genital mutilation protection order specifies a period for which it is to have effect.
(2)Before the expiry of the period, the court may, on the application of a person mentioned in subsection (3), extend the order.
(3)The persons are—
(a)any person who was or, in the case of an order made by virtue of section 5E or 5F, would have been a party to the proceedings for the order,
(b)a protected person (if not such a person),
(c)any other person affected by the order (including a person in respect of whom an order is made under section 5J),
(d)the Lord Advocate,
(e)a relevant local authority,
(f)the chief constable,
(g)with the leave of the court only, any other person.
(4)The court may permit a person mentioned in subsection (3) to be a party to proceedings relating to an application made by another person mentioned in subsection (3).
(5)In deciding whether to grant a person (“the applicant”) leave as referred to in subsection (3)(g) or, as the case may be, to allow the applicant to be a party to proceedings relating to an application made by another person, the court must have regard to all the circumstances including (where applicable)—
(a)the applicant's connection with a person such as is mentioned in subsection (3)(a), (b) or (c),
(b)the applicant's knowledge of such a person and the person's circumstances,
(c)the wishes and feelings of such a person so far as they are reasonably ascertainable,
(d)in a case where leave to apply is being sought, any reason why the application is being made by the applicant and not such a person.
(6)The court need only have regard to a person's wishes and feelings as mentioned in subsection (5)(c) so far as it considers it appropriate, on the basis of the person's age and understanding, to do so.
(7)In addition, before the expiry of the period, the court may, if it considers it just to do so, extend a female genital mutilation protection order even though no application under subsection (2) has been made to the court.
(8)In this section, references to a period for which a female genital mutilation protection order is to have effect include a period for which a particular provision of the order is to have effect (and accordingly references to extending the order are to be read as references to extending the provision in question).]
Textual Amendments
F1Ss. 5A-5R inserted (25.4.2020 but only for the insertion of s. 5R(4)(b)(ii) for the purposes of making regulations and otherwise prosp.) by Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 (asp 9), ss. 1, 11(1)(a)