Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Forced marriage protection orders

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, Cross Heading: Forced marriage protection orders. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Forced marriage protection ordersS

1Forced marriage protection ordersS

(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—

    (a)

    coerce by physical, verbal or psychological means, threatening conduct, harassment or other means,

    (b)

    knowingly take advantage of a person's incapacity to consent to marriage [F3or civil partnership] or to understand the nature of the marriage [F3or civil partnership],

    and related expressions are to be read accordingly,

  • forced marriage protection order” means an order under subsection (1).

2Contents of ordersS

(1)A forced marriage protection order may contain such—

(a)prohibitions, restrictions or requirements, and

(b)other terms,

as the court considers appropriate for the purposes of the order.

(2)The terms of such an order may, in particular, relate to—

(a)conduct outwith (as well as, or instead of, conduct within) Scotland,

(b)persons who force or attempt to force, or may force or attempt to force, a protected person to enter into a marriage [F4or civil partnership],

(c)persons who are, or may become, involved in other respects.

(3)A forced marriage protection order may, among other things, require a person—

(a)to take the protected person to a place of safety designated in the order,

(b)to bring the protected person to a court at such time and place as the court making the order may specify,

(c)to refrain from violent, threatening or intimidating conduct (whether against the protected person or any other person),

(d)who is a person such as is mentioned in subsection (2)(b) or (c), to appear in court,

(e)to disclose, if known, the whereabouts of such a person,

(f)to refrain from taking the protected person from, or to, such place as the court may specify,

(g)to facilitate or otherwise enable the protected person or another person to return or go to such place (whether in Scotland or another part of the United Kingdom) as the court may specify within such period as may be so specified,

(h)to submit to the court such documents (including passports, birth certificates or other documents identifying the person and travel documents) as the court may specify,

(i)to provide the court with such other information as it may specify.

(4)For the purposes of subsection (2)(c), examples of involvement in other respects are—

(a)aiding, abetting, counselling, procuring, encouraging or assisting another person to force, or to attempt to force, a person to enter into a marriage [F5or civil partnership],

(b)conspiring to force, or to attempt to force, a person to enter into a marriage [F5or civil partnership].

3Applications for ordersS

(1)The court may make a forced marriage protection order on an application being made to it by—

(a)the protected person, or

(b)a relevant third party.

(2)An application may be made by any other person only with the leave of the court.

(3)In deciding whether to grant such leave, the court must have regard to all the circumstances including—

(a)the applicant's connection with the protected person,

(b)the applicant's knowledge of the circumstances of the protected person, and

(c)the wishes and feelings of the protected person so far as they are reasonably ascertainable.

(4)But the court need only have regard to those wishes and feelings so far as it considers it appropriate, on the basis of the protected person's age and understanding, to do so.

(5)An application made to the sheriff under this section is to be made by summary application.

(6)An application made to the sheriff under this section is to be made—

(a)to the sheriff in whose sheriffdom the protected person is ordinarily resident, or

(b)where the protected person is not ordinarily resident in Scotland, to the sheriff of the sheriffdom of Lothian and Borders at Edinburgh.

(7)In this section, “a relevant third party” means—

(a)a local authority,

(b)the Lord Advocate,

(c)a person specified, or falling within a description of persons specified, by order made by the Scottish Ministers.

Commencement Information

I3S. 3 in force at 28.11.2011 by S.S.I. 2011/352, art. 2

4Power to make orders without application, etc.S

(1)The court may make a forced marriage protection order without an application being made to it where—

(a)civil proceedings are before the court,

(b)the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the civil proceedings), and

(c)a person who would be a party to any proceedings for the forced marriage protection order (other than as the protected person) is a party to the civil proceedings.

(2)Subsection (3) applies where—

(a)criminal proceedings are before the sheriff [F6, the Sheriff Appeal Court] or the High Court, and

(b)the sheriff [F7, the Sheriff Appeal Court] or the High Court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the criminal proceedings).

(3)The sheriff [F8, the Sheriff Appeal Court] or, as the case may be, the High Court may refer the matter to the Lord Advocate who may—

(a)apply under section 3 for a forced marriage protection order,

(b)take such other steps as the Lord Advocate considers appropriate.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources