F1SCHEDULE 2Female genital mutilation protection orders

Annotations:
Amendments (Textual)

PART 2Northern Ireland

Applications and other occasions for making orders

19

1

The court may make an FGM protection order—

a

on an application being made to it, or

b

without an application being made to it but in the circumstances mentioned in sub-paragraph (6).

2

An application may be made by—

a

the girl who is to be protected by the order, or

b

a relevant third party.

3

An application may be made by any other person with the leave of the court.

4

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

a

the applicant's connection with the girl to be protected;

b

the applicant's knowledge of the circumstances of the girl.

5

An application under this paragraph may be made in family proceedings or without any family proceedings being instituted.

6

The circumstances in which the court may make an order without an application being made are where—

a

any family proceedings are before the court (“the current proceedings”),

b

the court considers that an FGM protection order should be made to protect a girl (whether or not a party to the proceedings), and

c

a person who would be a respondent to any proceedings for an FGM protection order is a party to the current proceedings.

7

In this paragraph—

  • “family proceedings” has the same meaning as in the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (see Article 2(2) and (3) of that Order), but also includes—

    1. a

      proceedings under the inherent jurisdiction of the High Court in relation to adults,

    2. b

      proceedings in which the court has made an emergency protection order under Article 63 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) which includes an exclusion requirement (as defined in Article 63A of that Order), and

    3. c

      proceedings in which the court has made an order under Article 69 of that 1995 Order (recovery of abducted children etc);

  • “relevant third party” means a person specified, or falling within a description of persons specified, by order made by the Department of Finance and Personnel (and any such order may, in particular, specify that Department).