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

Supplementary S

11 Guidance S

(1) The Scottish Ministers must, no later than the day on which section 1 comes into force, give guidance to such persons or descriptions of persons as Ministers consider appropriate about the effect of this Part or any provision of it.

(2) The Scottish Ministers may give guidance to such persons or descriptions of persons as Ministers consider appropriate about matters (other than that mentioned in subsection (1)) relating to forced marriages [F1 or forced civil partnerships.]

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

(4) The Scottish Ministers may not give guidance under this section to any court or tribunal.

Textual Amendments

F1 Words in s. 11(2) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(4)

Commencement Information

I1 S. 11 in force at 28.11.2011 by S.S.I. 2011/352, art. 2

12 [F2 Other protection or assistance against forced marriage or forced civil partnership] S

(1) This Part does not affect any other protection or assistance available to a person who—

(a) is being, or may be, forced into a marriage [F3 or civil partnership],

(b) is being, or may be, subjected to an attempt to force the person into a marriage, or

(c) has been forced into a marriage [F3 or civil partnership].

(2) In particular, it does not affect—

(a) the equitable jurisdiction of the High Court or the Court of Session,

(b) any criminal liability,

(c) any civil remedies under the Protection from Harassment Act 1997 (c.40),

(d) any right to—

(i) an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59) [F4 or the Civil Partnership Act 2004] relating to occupancy rights,

(ii) an exclusion order under [F5 either of those Acts],

(e) any protection or assistance under the Children (Scotland) Act 1995 (c.36) or the Children's Hearings (Scotland) Act 2011 (asp 1),

(f) any claim in delict, F6 ...

(g) the law of marriage [F7 , or

(h) the law of civil partnership.]

Textual Amendments

F2 S. 12 heading substituted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(c)

F3 Words in s. 12(1) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(a)

F4 Words in s. 12(2)(d)(i) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(i)

F5 Words in s. 12(2)(d)(ii) substituted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(ii)

F6 Word in s. 12(2) omitted (30.11.2023) by virtue of The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(iii)

F7 S. 12(2)(h) and word inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(iv)

Commencement Information

I2 S. 12 in force at 28.11.2011 by S.S.I. 2011/352, art. 2

13 Amendment of Children's Hearings (Scotland) Act 2011 S

(1) The Children's Hearings (Scotland) Act 2011 (asp 1) is amended as follows.

(2) In section 62(5) (provision of information by court)—

(a) the word “or” immediately following paragraph (l) is repealed,

(b) after paragraph (m) insert—

“(n) an application for the making, variation, recall or extension of—

(i) a forced marriage protection order (as defined in section 1(6) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)), or

(ii) an interim forced marriage protection order (as defined in section 5(2) of that Act),

(o) civil proceedings in which a court makes an order such as is mentioned in sub-paragraph (i) or (ii) of paragraph (n) by virtue of section 4(1) of that Act (power to make order without application), or

(p) proceedings relating to an offence under section 9(1) of that Act (offence of breaching order).”.

(3) In section 67(2) (meaning of “section 67 ground”)—

(a) in paragraph (p)(i) the words “marriage or” are repealed,

(b) after paragraph (p) insert—

“(q) the child—

(i) has been, is being or is likely to be forced into a marriage (that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)) or,

(ii) is, or is likely to become, a member of the same household as such a child.”.

Commencement Information

I3 S. 13 in force at 28.11.2011 by S.S.I. 2011/352, art. 2

14 Interpretation of Part S

In this Part (except where the context otherwise requires)—

• [F8 “civil partnership” includes—

  (a)

  a civil partnership which exists by virtue of the Civil Partnership Act 2004, and

  (b)

  a purported civil partnership,]

• “court” means the Court of Session or the sheriff [F9 and in sections 1, 2, 4 and 5 includes the Sheriff Appeal Court],

• “force” and related expressions have the meanings given by section 1(6),

• “forced marriage protection order” has the meaning given by section 1(6),

• “interim forced marriage protection order” has the meaning given by section 5(2),

• “marriage” means any religious [F10 , belief] or civil ceremony of marriage (wherever carried out and whether or not legally binding under the law of Scotland or any other place),

• “protected person” has the meaning given by section 1(1).

Textual Amendments

F8 Words in s. 14 inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(6)(a)

F9 Words in s. 14 inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 7(3) (with art. 4(2))

F10 Word in s. 14 inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(6)(b)

Commencement Information

I4 S. 14 in force at 28.11.2011 by S.S.I. 2011/352, art. 2