F1 Part 4A Forced marriage

Annotations:
Amendments (Textual)
F1

Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

Supplementary

63QGuidance

1

The Secretary of State may from time to time prepare and publish guidance to such descriptions of persons as the Secretary of State considers appropriate about—

a

the effect of this Part or any provision of this Part; or

b

other matters relating to forced marriages.

2

A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions.

3

Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.

63ROther protection or assistance against forced marriage

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 or subjected to an attempt to be forced into a marriage; or

b

has been forced into a marriage.

2

In particular, it does not affect—

a

the inherent jurisdiction of the High Court;

b

any criminal liability;

c

any civil remedies under the Protection from Harassment Act 1997 (c. 40);

d

any right to an occupation order or a non-molestation order under Part 4 of this Act;

e

any protection or assistance under the Children Act 1989 (c. 41);

f

any claim in tort; or

g

the law of marriage.

63SInterpretation of Part 4A

In this Part—

  • “the court” is to be read with section 63M;

  • “force” (and related expressions), in relation to a marriage, are to be read in accordance with section 63A(4) to (6);

  • “forced marriage protection order” has the meaning given by section 63A(6);

  • “marriage” means any religious or civil ceremony of marriage (whether or not legally binding); and

  • “the relevant judge”, in relation to any order under this Part, means—

    1. a

      where the order was made by the High Court, a judge of that court; and

    2. b

      where the order was made by F2the family court, a judge of that court.