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Protection against forced marriage: Northern Ireland |
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Forced marriage protection orders |
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Forced marriage protection orders |
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1 (1) | The court may make an order for the purposes of protecting— |
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(a) | a person from being forced into a marriage or from any attempt to be |
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forced into a marriage; or |
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(b) | a person who has been forced into a marriage. |
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(2) | In deciding whether to exercise its powers under this paragraph and, if so, |
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in what manner, the court must have regard to all the circumstances |
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including the need to secure the health, safety and well-being of the person |
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(3) | In ascertaining that person’s well-being, the court must, in particular, have |
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such regard to the person’s wishes and feelings (so far as they are reasonably |
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ascertainable) as the court considers appropriate in the light of the person’s |
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(4) | For the purposes of this Schedule a person (“A”) is forced into a marriage if |
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another person (“B”) forces A to enter into a marriage (whether with B or |
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another person) without A’s free and full consent. |
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(5) | For the purposes of sub-paragraph (4) it does not matter whether the |
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conduct of B which forces A to enter into a marriage is directed against A, B |
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“force” includes coerce by threats or other psychological means (and |
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related expressions are to be read accordingly); and |
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“forced marriage protection order” means an order under this |
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2 (1) | A forced marriage protection order may contain— |
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(a) | such prohibitions, restrictions or requirements; and |
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| as the court considers appropriate for the purposes of the order. |
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(2) | The terms of such orders may, in particular, relate to— |
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(a) | conduct outside Northern Ireland as well as (or instead of) conduct |
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(b) | respondents who are, or may become, involved in other respects as |
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well as (or instead of) respondents who force or attempt to force, or |
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may force or attempt to force, a person to enter into a marriage; |
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(c) | other persons who are, or may become, involved in other respects as |
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well as respondents of any kind. |
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(3) | For the purposes of sub-paragraph (2) examples of involvement in other |
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(a) | aiding, abetting, counselling, procuring, encouraging or assisting |
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another person to force, or to attempt to force, a person to enter into |
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(b) | conspiring to force, or to attempt to force, a person to enter into a |
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Applications and other occasions for making orders |
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3 (1) | The court may make a forced marriage protection order— |
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(a) | on an application being made to it; or |
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(b) | without an application being made to it but in the circumstances |
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mentioned in sub-paragraph (6). |
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(2) | An application may be made by— |
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(a) | the person who is to be protected by the order; or |
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(b) | a relevant third party. |
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(3) | An application may be made by any other person with the leave of the court. |
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(4) | In deciding whether to grant leave, the court must have regard to all the |
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(a) | the applicant’s connection with the person to be protected; |
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(b) | the applicant’s knowledge of the circumstances of the person to be |
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(c) | the wishes and feelings of the person to be protected so far as they |
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are reasonably ascertainable and so far as the court considers it |
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appropriate, in the light of the person’s age and understanding, to |
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(5) | An application under this paragraph may be made in other family |
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proceedings or without any other family proceedings being instituted. |
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(6) | The circumstances in which the court may make an order without an |
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application being made are where— |
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(a) | any other family proceedings are before the court (“the current |
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(b) | the court considers that a forced marriage protection order should be |
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made to protect a person (whether or not a party to the current |
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(c) | a person who would be a respondent to any such proceedings for a |
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forced marriage protection order is a party to the current |
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“family proceedings” has the same meaning as in the Family Homes |
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and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/ |
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1071 (N.I.6)) (see Article 2(2) and (3)) but also includes— |
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(a) | proceedings under the inherent jurisdiction of the High |
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Court in relation to adults; |
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(b) | proceedings in which the court has made an emergency |
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protection order under Article 63 of the Children (Northern |
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Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) which includes an |
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exclusion requirement (as defined in Article 63A(3) of that |
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(c) | proceedings in which the court has made an order under |
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Article 69 of the Order of 1995 (recovery of abducted children |
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“relevant third party” means a person specified, or falling within a |
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description of persons specified, by order of the Department of |
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(8) | An order of the Department of Finance and Personnel under sub-paragraph |
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(7) may, in particular, specify that Department. |
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4 (1) | The court may, in any case where it considers that it is just and convenient |
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to do so, make a forced marriage protection order even though the |
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respondent has not been given such notice of the proceedings as would |
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otherwise be required by rules of court. |
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(2) | In deciding whether to exercise its powers under sub-paragraph (1), the |
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court must have regard to all the circumstances including— |
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(a) | any risk of significant harm to the person to be protected or another |
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person if the order is not made immediately; |
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(b) | whether it is likely that an applicant will be deterred or prevented |
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from pursuing an application if an order is not made immediately; |
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(c) | whether there is reason to believe that— |
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(i) | the respondent is aware of the proceedings but is deliberately |
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(ii) | the delay involved in effecting substituted service will cause |
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serious prejudice to the person to be protected or (if a |
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different person) an applicant. |
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(3) | If the court makes an order by virtue of sub-paragraph (1), it must specify a |
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(4) | In sub-paragraph (3), “full hearing” means a hearing of which notice has |
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been given to all the parties in accordance with rules of court. |
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5 | A forced marriage protection order may be made for a specified period or |
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until varied or discharged. |
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Variation of orders and their discharge |
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6 (1) | The court may vary or discharge a forced marriage protection order on an |
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(a) | any party to the proceedings for the order; |
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(b) | the person being protected by the order (if not a party to the |
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proceedings for the order); or |
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(c) | any person affected by the order. |
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(2) | In addition, the court may vary or discharge a forced marriage protection |
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order made by virtue of paragraph 3(1)(b) even though no application under |
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sub-paragraph (1) above has been made to the court. |
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(3) | Paragraph 4 applies to a variation of a forced marriage protection order as it |
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applies to the making of such an order; and, accordingly, references in that |
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paragraph to making a forced marriage protection order are to be read as |
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references to varying such an order. |
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Offence of contravening an order |
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7 | Any person who, without reasonable excuse, contravenes a forced marriage |
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protection order, commits an offence and is liable on summary conviction— |
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(a) | to a fine not exceeding level 5 on the standard scale; |
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(b) | to imprisonment for a term not exceeding 6 months; or |
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Jurisdiction and procedure |
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8 (1) | For the purposes of this Schedule “the court” means the High Court or a |
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(2) | Sub-paragraph (1) is subject to any provision made by virtue of sub- |
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(3) | Article 34(3) to (10) of the Family Homes and Domestic Violence (Northern |
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Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) (allocation of proceedings to |
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courts etc.) apply for the purposes of this Schedule as they apply for the |
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purposes of that Order but as if the following modification were made. |
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(4) | The modification is that Article 34(8) is to be read as if there were substituted |
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“(8) | For the purposes of paragraphs (3), (4) and (5), there are two levels |
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Power to extend jurisdiction to courts of summary jurisdiction |
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9 (1) | The Lord Chancellor may, after consulting the Lord Chief Justice, by order |
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provide for courts of summary jurisdiction to be included among the courts |
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who may hear proceedings under this Schedule. |
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(2) | An order under sub-paragraph (1) may, in particular, make any provision in |
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relation to courts of summary jurisdiction which corresponds to provision |
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made in relation to such courts by or under the Family Homes and Domestic |
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Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)). |
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(3) | Any power to make an order under this paragraph (including that power as |
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extended by paragraph 14(3)) may, in particular, be exercised by amending, |
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repealing, revoking or otherwise modifying any provision made by or under |
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this Schedule or any other enactment. |
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(4) | In sub-paragraph (3) “enactment” includes Northern Ireland legislation. |
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(5) | The Lord Chief Justice may nominate any of the following to exercise the |
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Lord Chief Justice’s functions under this paragraph— |
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(a) | the holder of one of the offices listed in Schedule 1 to the Justice |
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(Northern Ireland) Act 2002 (c. 26); |
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(b) | a Lord Justice of Appeal (as defined in section 88 of that Act). |
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10 | The powers of the court in relation to contempt of court arising out of a |
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person’s failure to comply with a forced marriage protection order or |
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otherwise in connection with such an order may be exercised by the relevant |
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Appeals from county courts |
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11 (1) | An appeal lies to the High Court against— |
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(a) | the making by a county court of any order under this Schedule; or |
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(b) | any refusal by a county court to make such an order; |
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| as if the decision had been made in the exercise of the jurisdiction conferred |
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by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 |
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(N.I.3)) (original civil jurisdiction) and the appeal were brought under |
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Article 60 of that Order (ordinary appeals in civil cases). |
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(2) | But an appeal does not lie to the High Court under sub-paragraph (1) where |
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the county court is a divorce county court exercising jurisdiction under the |
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Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.15)) |
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(3) | Provision must be made by rules of court for an appeal to lie (upon a point |
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of law, a question of fact or the admission or rejection of any evidence) to the |
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(a) | the making of any order under this Schedule; or |
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(b) | any refusal to make such an order; |
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| by a county court of the type referred to in sub-paragraph (2). |
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(4) | Sub-paragraph (3) is without prejudice to Article 61 of the County Courts |
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(Northern Ireland) Order 1980 (S.I. 1980/397 (N.I.3)) (cases stated). |
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(5) | On an appeal under sub-paragraph (1), the High Court may make such |
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orders as may be necessary to give effect to its determination of the appeal. |
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(6) | Where an order is made under sub-paragraph (5), the High Court may also |
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make such incidental or consequential orders as appear to it to be just. |
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(7) | Any order of the High Court made on an appeal under sub-paragraph (1) |
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(other than one directing that an application be re-heard by the county court) |
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is to be treated, for the purposes of— |
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(a) | the enforcement of the order; and |
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(b) | any power to vary, revive or discharge orders; |
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| as if it were an order of the county court from which the appeal was brought |
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and not an order of the High Court. |
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(8) | This paragraph is subject to paragraph 12. |
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Appeals: transfers and proposed transfers |
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12 (1) | The Lord Chancellor may, after consulting the Lord Chief Justice, by order |
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make provision as to the circumstances in which appeals may be made |
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against decisions taken by courts on questions arising in connection with the |
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transfer, or proposed transfer, of proceedings by virtue of an order made |
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under Article 34(5) of the Family Homes and Domestic Violence (Northern |
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Ireland) Order 1998 (S.I. 1998/1071 (N.I.6)) as applied by paragraph 8(3) and |
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(2) | Except so far as provided for in any order made under sub-paragraph (1), no |
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appeal may be made against any decision of a kind mentioned in that sub- |
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(3) | The Lord Chief Justice may nominate any of the following to exercise the |
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Lord Chief Justice’s functions under this paragraph— |
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(a) | the holder of one of the offices listed in Schedule 1 to the Justice |
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(Northern Ireland) Act 2002 (c. 26); |
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(b) | a Lord Justice of Appeal (as defined in section 88 of that Act). |
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13 (1) | The Department of Finance and Personnel may from time to time prepare |
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and publish guidance to such descriptions of persons as the Department of |
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Finance and Personnel considers appropriate about— |
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(a) | the effect of this Schedule or any provision of this Schedule; or |
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(b) | other matters relating to forced marriages. |
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(2) | A person exercising public functions to whom guidance is given under this |
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paragraph must have regard to it in the exercise of those functions. |
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(3) | Nothing in this paragraph permits the Department of Finance and Personnel |
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to give guidance to any court or tribunal. |
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14 (1) | An order made by the Department of Finance and Personnel under |
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(a) | may make different provision for different purposes; |
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(b) | may contain such incidental, supplemental, consequential, |
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transitional, transitory or saving provision as the Department of |
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Finance and Personnel considers appropriate; |
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(c) | is to be made by statutory rule for the purposes of the Statutory Rules |
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(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and |
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(d) | is subject to negative resolution (within the meaning of section 41(6) |
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of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
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(2) | An order made by the Lord Chancellor by virtue of paragraph 8(3) and (4) |
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or under paragraph 12(1)— |
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(a) | may make different provision for different purposes; |
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(b) | may contain such incidental, supplemental, consequential, |
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transitional, transitory or saving provision as the Lord Chancellor |
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(c) | is to be made by statutory rule for the purposes of the Statutory Rules |
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(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and |
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(d) | is subject to annulment in pursuance of a resolution of either House |
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of Parliament in the same manner as a statutory instrument (and |
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section 5 of the Statutory Instruments Act 1946 (c. 36) applies |
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(3) | An order made by the Lord Chancellor under paragraph 9— |
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(a) | may make different provision for different purposes; |
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(b) | may contain such incidental, supplemental, consequential, |
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transitional, transitory or saving provision as the Lord Chancellor |
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(c) | is to be made by statutory rule for the purposes of the Statutory Rules |
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(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)); and |
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(d) | is not to be made unless a draft of the order has been laid before, and |
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approved by a resolution of, each House of Parliament. |
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Other protection or assistance against forced marriage |
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15 (1) | This Schedule does not affect any other protection or assistance available to |
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(a) | is being, or may be, forced into a marriage or subjected to an attempt |
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to be forced into a marriage; or |
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(b) | has been forced into a marriage. |
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(2) | In particular, it does not affect— |
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(a) | the inherent jurisdiction of the High Court; |
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(b) | any criminal liability; |
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(c) | any right to an occupation order or a non-molestation order under |
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the Family Homes and Domestic Violence (Northern Ireland) Order |
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1998 (S.I. 1998/1071 (N.I.6)); |
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(d) | any civil remedies under the Protection from Harassment (Northern |
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Ireland) Order 1997 (S.I. 1997/1180 (N.I.9)); |
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