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

Section 7: Variation and recall of orders

18.This section provides for the variation and recall of orders. A person mentioned in subsection (1) who wishes to vary or recall an order must apply to the court. But, under subsection (4), no application is necessary in the case of orders made by virtue of section 4(1). The court can vary or recall such orders on its own initiative.

19.“Other persons affected by the order”, for the purposes of section 7(1)(c), may include individuals who are not directly involved in an order but are otherwise affected by it. For example, applicants for variation or recall of an order might include persons such as a sibling of someone who is required to be taken to a place of safety and other persons who are required to disclose certain information or take steps to facilitate the protection of a person.

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Text created by the Scottish Government 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.


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