12[F1Other 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 [F2or 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 [F2or 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) [F3or the Civil Partnership Act 2004] relating to occupancy rights,
(ii)an exclusion order under [F4either 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, F5...
(g)the law of marriage [F6, or
(h)the law of civil partnership.]
Textual Amendments
F1S. 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Word 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)
F6S. 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
I1S. 12 in force at 28.11.2011 by S.S.I. 2011/352, art. 2