Section 12 Other protection or assistance against forced marriage or forced civil partnershipF6 I1

(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 F1or civil partnership,

(b)

is being, or may be, subjected to an attempt to force the person into a marriage, or

(c)

has been forced into a marriage or civil partnership.

(2)

In particular, it does not affect—

(a)

the equitable jurisdiction of the High Court or the Court of Session,

(b)

any criminal liability,

(c)

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

(d)

any right to—

(i)

an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59) F2or the Civil Partnership Act 2004 relating to occupancy rights,

(ii)

an exclusion order under F3either of those Acts,

(e)

any protection or assistance under the Children (Scotland) Act 1995 (c.36) or the Children's Hearings (Scotland) Act 2011 (asp 1),

(f)

any claim in delict, F4...

(g)

the law of marriage F5, or

(h)

the law of civil partnership.

Annotations

F1: Words in s. 12(1) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(a)
F2: Words in s. 12(2)(d)(i) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(i)
F3: Words in s. 12(2)(d)(ii) substituted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(ii)
F4: Word in s. 12(2) omitted (30.11.2023) by virtue of The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(iii)
F5: S. 12(2)(h) and word inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(b)(iv)
F6: S. 12 heading substituted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 2(5)(c)