Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [HL]

Explanatory Notes

Commentary on provisions of Bill

Clause 1: Amendment to the Children Act 1989

9. Clause 1 amends section 8 of the Children Act 1989 by inserting a reference to Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule).

10. Schedule 2 to the 2003 Act (at Part 2) makes provision for FGMPOs in Northern Ireland, but the Bill only extends to England and Wales and so it refers only to Part 1 of Schedule 2, the Part which makes provision for FGMPOs in England and Wales.

11. Paragraph 3 of Schedule 2 to the 2003 Act provides for circumstances in which FGMPOs may be made by the court during criminal proceedings. The exception in relation to paragraph 3 of Schedule 2 is to make clear that such criminal proceedings are not to be defined as "family proceedings" for the purpose of the 1989 Act.

Clause 2: Extent, commencement and short title

12. Clause 2(1) provides that the extent of the Bill is England and Wales only.

13. Clause 2(2) sets out the commencement provisions as explained in more detail below.

14. Clause 2(3) confirms the short title of the Bill.


Prepared 26th March 2019