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The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017

S.S.I. 2017/461 · Made 19 December 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Children And Young Persons

Justice

Made 19th December 2017

Laid before the Scottish Parliament 21st December 2017

Coming into force 19th March 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 3(7)(c) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2011 asp 15.

Contents

  1. 1Citation and commencement
  2. 2Relevant third party
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017 and comes into force on 19th March 2018.

2Relevant third party

For the purposes of section 3(1) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (applications for orders), a relevant third party is the chief constable of the Police Service of Scotland.

Signature

ANGELA CONSTANCE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

19th December 2017

Explanatory note

(This note is not part of the Order)

This Order comes into force on 19th March 2018. It specifies, using the power in section 3(7)(c) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, that the chief constable of the Police Service of Scotland (“Police Scotland”) is a relevant third party, who may make an application to the court for a forced marriage protection order.

It is envisaged that the chief constable will issue a direction under the Police and Fire Reform (Scotland) Act 2012 requiring that such an application must be authorised by a constable of the rank of inspector or above. Although Police Scotland are being included under section 3, the duty of other named parties under that section is not reduced.