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Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
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1Forced marriage protection ordersS
This section has no associated Explanatory Notes
(1)The court may make an order for the purposes of protecting a person (a “protected person”)—
(a)from being forced into a marriage [F1or civil partnership] or from any attempt to force the person into a marriage [F1or civil partnership], or
(b)who has been forced into a marriage [F1or civil partnership].
(2)In deciding whether to make such an order and, if so, what order to make, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the protected person.
(3)In ascertaining the protected person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate on the basis of the person's age and understanding.
(4)For the purposes of this Part, a person (“A”) is forced into a marriage [F2or civil partnership] if another person (“B”) forces A to enter into a marriage [F2or civil partnership] (whether with B or another person) without A's free and full consent.
(5)For the purposes of subsection (4), it does not matter whether the conduct of B which forces A to enter into a marriage [F2or civil partnership] is directed against A, B or another person.
(6)In this Part—
“force” includes—
and related expressions are to be read accordingly,
“forced marriage protection order” means an order under subsection (1).
Textual Amendments
F1Words in s. 1(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(2)(a)
F2Words in s. 1(4)(5) 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(2)(a)
F3Words in s. 1(6) 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(2)(b)
Commencement Information
I1S. 1 in force at 28.11.2011 by S.S.I. 2011/352, art. 2
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