Part 1 – Forced marriage protection orders
89.Paragraph 1 replicates section 63A in section 1 as it sets out the purpose of making an order under the Schedule and the factors that the court must take into account when making an order.
Contents of orders
90.Paragraph 2 replicates section 63B in section 1 in that it provides for a forced marriage protection order to contain measures considered appropriate by the court, including prohibitions, restrictions and requirements.
91.Sub-paragraph (2)(a) specifies in particular that the conduct being regulated or controlled may be within or outside Northern Ireland.
Applications and other occasions for making orders
92.Paragraph 3 replicates section 63C in section 1 in that it sets out who may apply for a forced marriage protection order, with or without leave; and in considering leave, the factors which are to be taken into account.
93.Paragraph 3 varies from section 63C in some limited respects. The definition of “family proceedings” in sub-paragraph (7) is related to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 rather than Part 4 of the FLA which does not apply to Northern Ireland. In sub-paragraph (7) the Department of Finance and Personnel is given the power to specify the relevant third parties, who may take applications on behalf of a person to be protected.
Ex parte orders
94.Paragraph 4 makes provision for Northern Ireland in relation to ex parte orders. These are orders made in the absence of the respondent. Sub-paragraph (1) provides that the court can make an ex parte order if it is just and convenient to do so. In deciding whether it is just and convenient sub-paragraph (2) provides that the court should have regard to all the circumstances of the case, including those circumstances set out in the sub-paragraph.
95.Sub-paragraphs (3) and (4) provide that where an order is made ex parte a date must then be set for a hearing where both parties will be given the appropriate notice as provided by court rules.
Duration of orders
96.Paragraph 5 provides that the court can make an order for a set period or an order can be made until it is varied or discharged. It replicates section 63F in section 1.
Variation of orders and their discharge
97.Paragraph 6 replicates section 63G in section 1 (save that it makes no provision for undertakings or attached powers of arrest, which are not relevant in relation to Northern Ireland).
