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Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020

Inserted Section 5I: Variation and discharge of anonymity orders

52.This section provides the court with power to vary or discharge an anonymity order when it is already in effect.

53.Subsection (2) allows the court to vary or discharge the anonymity order on the application from any party who was a party to proceedings for the relevant female genital mutilation protection order, and any person (in the event of the female genital mutilation protection order being made on an interim or emergency basis) who would have been a party. It also allows the court to vary or discharge the anonymity order even if an application has not been made to the court to do so.

54.Subsection (3) provides that, in deciding whether or not to vary or discharge an anonymity order, the court may do so where it considers it is just having regard to all the circumstances, including the need to protect the health, safety and wellbeing of any protected person.

55.Subsection (4) requires the court, prior to taking a decision, to seek the views (as far as they are ascertainable) of any person in respect of whom the anonymity order was made, and of any other protected person. It further requires the court to have regard to those views, taking into account the protected person’s age and understanding.

56.Subsection (5) makes it clear that a protected person’s failure to give their views when sought by the court should not be taken as an indication of opposition to an anonymity order being made.

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