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Forced Marriage (Civil Protection) Bill [HL]


Forced Marriage (Civil Protection) Bill [HL]

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63N     

Power to extend jurisdiction to magistrates’ courts

(1)   

The Lord Chancellor may, after consulting the Lord Chief Justice, by

order provide for magistrates’ courts to be included among the courts

who may hear proceedings under this Part.

(2)   

An order under subsection (1) may, in particular, make any provision

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in relation to magistrates’ courts which corresponds to provision made

in relation to such courts by or under Part 4.

(3)   

Any power to make an order under this section (including that power

as extended by section 65(2)) may, in particular, be exercised by

amending, repealing, revoking or otherwise modifying any provision

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made by or under this Part or any other enactment.

(4)   

The Lord Chief Justice may nominate a judicial office holder (as defined

in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise

the Lord Chief Justice’s functions under this section.

63O     

Contempt proceedings: Part 4A

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The powers of the court in relation to contempt of court arising out of a

person’s failure to comply with a forced marriage protection order or

otherwise in connection with such an order may be exercised by the

relevant judge.

63P     

Appeals: Part 4A

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(1)   

The Lord Chancellor may, after consulting the Lord Chief Justice, by

order make provision as to the circumstances in which appeals may be

made against decisions taken by courts on questions arising in

connection with the transfer, or proposed transfer, of proceedings by

virtue of an order made under section 57(5) as applied by section

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63M(3) and (4).

(2)   

Except so far as provided for in any order made under subsection (1),

no appeal may be made against any decision of a kind mentioned in

that subsection.

(3)   

The Lord Chief Justice may nominate a judicial office holder (as defined

30

in section 109(4) of the Constitutional Reform Act 2005) to exercise the

Lord Chief Justice’s functions under this section.

Supplementary

63Q     

Guidance

(1)   

The Secretary of State may from time to time prepare and publish

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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

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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.

 
 

Forced Marriage (Civil Protection) Bill [HL]

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63R     

Other 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

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(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

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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

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(g)   

the law of marriage.

63S     

Interpretation 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

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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

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

means—

(a)   

where the order was made by the High Court, a judge of

that court; and

(b)   

where the order was made by a county court, a judge or

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district judge of that or any other county court.”

2       

Protection against forced marriage: Northern Ireland

Schedule 1 (protection against forced marriage: Northern Ireland) has effect.

3       

Consequential amendments etc.

(1)   

Schedule 2 (consequential amendments) has effect.

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(2)   

The Lord Chancellor may by order make such supplementary, incidental or

consequential provision as the Lord Chancellor considers appropriate for the

purposes of section 1 or in consequence of that section.

(3)   

The Department of Finance and Personnel may by order make such

supplementary, incidental or consequential provision as the Department

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considers appropriate for the purposes of section 2 and Schedule 1 or in

consequence of those provisions.

(4)   

An order under subsection (2)—

 
 

Forced Marriage (Civil Protection) Bill [HL]

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(a)   

may contain such transitional, transitory or saving provision as the

Lord Chancellor considers appropriate; and

(b)   

is to be made by statutory instrument.

(5)   

An order under subsection (3)—

(a)   

may contain such transitional, transitory or saving provision as the

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Department of Finance and Personnel considers appropriate; and

(b)   

is to be made by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).

(6)   

Any power to make an order under this section may, in particular, be exercised

by amending, repealing, revoking or otherwise modifying any provision made

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by or under an enactment (including any Act passed in the same Session as this

Act).

(7)   

No order is to be made under this section—

(a)   

by the Lord Chancellor unless a draft of the order has been laid before,

and approved by a resolution of, each House of Parliament;

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(b)   

by the Department of Finance and Personnel unless a draft of the order

has been laid before, and approved by a resolution of, the Northern

Ireland Assembly.

(8)   

Subsection (7)(a) does not apply to an order which does not amend or repeal

any provision of an Act and an order of the Lord Chancellor under this section

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which does not amend or repeal any provision of an Act is subject to

annulment in pursuance of a resolution of either House of Parliament.

(9)   

Subsection (7)(b) does not apply to an order which does not amend or repeal

any provision of an Act or Northern Ireland legislation and an order of the

Department of Finance and Personnel under this section which does not

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amend or repeal any provision of an Act or Northern Ireland legislation is

subject to negative resolution (within the meaning of section 41(6) of the

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).

(10)   

In this section “enactment” includes Northern Ireland legislation.

4       

Short title, commencement and extent

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(1)   

This Act may be cited as the Forced Marriage (Civil Protection) Act 2007.

(2)   

Section 1, section 3(1) (so far as relating to Part 1 of Schedule 2) and Part 1 of

Schedule 2 come into force on such day as the Lord Chancellor may by order

appoint; and different days may be appointed for different purposes.

(3)   

An order under subsection (2)—

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(a)   

may contain such transitional, transitory or saving provision as the

Lord Chancellor considers appropriate; and

(b)   

is to be made by statutory instrument.

(4)   

Section 2, section 3(1) (so far as relating to Part 2 of Schedule 2), Schedule 1 and

Part 2 of Schedule 2 come into force on such day as the Department of Finance

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and Personnel may by order appoint; and different days may be appointed for

different purposes.

(5)   

An order under subsection (4)—

(a)   

may contain such transitional, transitory or saving provision as the

Department of Finance and Personnel considers appropriate; and

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Forced Marriage (Civil Protection) Bill [HL]

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(b)   

is to be made by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)).

(6)   

Section 1 and Part 1 of Schedule 2 extend to England and Wales only.

(7)   

Section 2, Schedule 1 and Part 2 of Schedule 2 extend to Northern Ireland only.

(8)   

Section 3 and this section extend to England and Wales and Northern Ireland

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only.

 
 

 
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