Усилия ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий
A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.
But no offence is committed by an approved person who performs—
a surgical operation on a girl which is necessary for her physical or mental health, or
a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.
The following are approved persons—
in relation to an operation falling within subsection (2)(a), a registered medical practitioner,
in relation to an operation falling within subsection (2)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.
There is also no offence committed by a person who—
performs a surgical operation falling within subsection (2)(a) or (b) outside the United Kingdom, and
in relation to such an operation exercises functions corresponding to those of an approved person.
For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.
A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.
A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or ... United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.
An act is a relevant act of female genital mutilation if—
it is done in relation to a United Kingdom national or ... United Kingdom resident, and
it would, if done by such a person, constitute an offence under section 1.
But no offence is committed if the relevant act of female genital mutilation—
is a surgical operation falling within section 1(2)(a) or (b), and
is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.
If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence. This is subject to subsection (5).
For the purposes of this section a person is “responsible” for a girl in the following two cases.
The first case is where the person—
has parental responsibility for the girl, and
has frequent contact with her.
The second case is where the person—
is aged 18 or over, and
has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.
It is a defence for the defendant to show that—
at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, or
the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.
A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if—
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
For the purposes of subsection (3)(b), where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.
In this section—
in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England);
“teacher” means—
“ the relevant time ” means the time when the mutilation takes place.
in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2));
in relation to Wales, a person who falls within a category listed in the table in paragraph 1 of Schedule 2 to the Education (Wales) Act 2014 (anaw 5) (categories of registration for purposes of Part 2 of that Act) or any other person employed or engaged as a teacher at a school (within the meaning of the Education Act 1996) in Wales.
Sections 1 to 3 extend to any act done outside the United Kingdom by a United Kingdom national or ... United Kingdom resident.
An offence under section 3A can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or a United Kingdom resident.
If an offence under this Act is committed outside the United Kingdom— in any place in England and Wales or Northern Ireland.
proceedings may be taken, and
the offence may for incidental purposes be treated as having been committed,
on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both),
A person guilty of an offence under section 1, 2 or 3 is liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
A person guilty of an offence under section 3A is liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both),
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both),
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
Schedule 1 provides for the anonymity of persons against whom a female genital mutilation offence (as defined in that Schedule) is alleged to have been committed.
Girl includes woman.
A United Kingdom national is an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
a British protected person within the meaning of that Act.
A United Kingdom resident is an individual who is habitually resident in the United Kingdom.
This section has effect for the purposes of this Act.
The Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have effect.
In paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67) (offences against the person in respect of which a member of a visiting force may in certain circumstances not be tried by a United Kingdom court), for paragraph (xi) there is substituted—.
Schedule 2 provides for the making of female genital mutilation protection orders.
In that Schedule—
Part 1 makes provision about powers of courts in England and Wales to make female genital mutilation protection orders;
Part 2 makes provision about powers of courts in Northern Ireland to make such orders.
This Act may be cited as the Female Genital Mutilation Act 2003.
This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (2) may include transitional or saving provisions.
This Act does not extend to Scotlandand sections 5B and 5C do not extend to Northern Ireland.
Nothing in this Act affects any criminal liability arising apart from this Act.
A person who works in a regulated profession in England and Wales must make a notification under this section (an “FGM notification”) if, in the course of his or her work in the profession, the person discovers that an act of female genital mutilation appears to have been carried out on a girl who is aged under 18.
For the purposes of this section—
a person works in a “regulated profession” if the person is—
a healthcare professional,
a teacher, or
a social care worker in Wales;
a person “discovers” that an act of female genital mutilation appears to have been carried out on a girl in either of the following two cases.
The first case is where the girl informs the person that an act of female genital mutilation (however described) has been carried out on her.
The second case is where—
the person observes physical signs on the girl appearing to show that an act of female genital mutilation has been carried out on her, and
the person has no reason to believe that the act was, or was part of, a surgical operation within section 1(2)(a) or (b).
An FGM notification—
is to be made to the chief officer of police for the area in which the girl resides;
must identify the girl and explain why the notification is made;
must be made before the end of one month from the time when the person making the notification first discovers that an act of female genital mutilation appears to have been carried out on the girl;
may be made orally or in writing.
The duty of a person working in a particular regulated profession to make an FGM notification does not apply if the person has reason to believe that another person working in that profession has previously made an FGM notification in connection with the same act of female genital mutilation. For this purpose, all persons falling within subsection (2)(a)(i) are to be treated as working in the same regulated profession.
A disclosure made in an FGM notification does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information.
The Secretary of State may by regulations amend this section for the purpose of adding, removing or otherwise altering the descriptions of persons regarded as working in a “regulated profession” for the purposes of this section.
The power to make regulations under this section—
is exercisable by statutory instrument;
includes power to make consequential, transitional, transitory or saving provision.
A statutory instrument containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“act of female genital mutilation” means an act of a kind mentioned in section 1(1);
“healthcare professional” means a person registered with any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (bodies within remit of the Professional Standards Authority for Health and Social Care);
“registered”, in relation to a regulatory body, means registered in a register that the body maintains by virtue of any enactment;
“social care worker” means a person registered in a register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000;
For the purposes of the definition of “healthcare professional”, the following provisions of section 25 of the National Health Service Reform and Health Care Professions Act 2002 are to be ignored—
paragraph (g) of subsection (3);
subsection (3A).
The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about—
the effect of any provision of this Act, or
other matters relating to female genital mutilation.
A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions.
Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.
Before issuing guidance under this section the Secretary of State must consult—
the Welsh Ministers so far as the guidance is to a devolved Welsh authority ;
any person whom the Secretary of State considers appropriate.
In subsection (4)(a) “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
The Secretary of State may from time to time revise any guidance issued under this section.
Subsections (2) and (3) have effect in relation to any revised guidance.
Subsection (4) has effect in relation to any revised guidance unless the Secretary of State considers the proposed revisions of the guidance are insubstantial.
The Secretary of State must publish the current version of any guidance issued under this section.
This paragraph applies where an allegation has been made that a female genital mutilation offence has been committed against a person. No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime. For the purposes of this Schedule, any consent of the person to an act giving rise to the alleged offence is not to be taken as preventing that person from being regarded as a person against whom the alleged offence was committed. In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all in England and Wales and Northern Ireland, or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met. The first condition is that the conduct of a person's defence at a trial of a female genital mutilation offence would be substantially prejudiced if the direction was not given. The second condition is that— A direction under sub-paragraph (4) does not affect the operation of sub-paragraph (2) at any time before the direction is given. In this paragraph “ the court ” means—
If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. A person guilty of an offence under this paragraph is liable— The persons responsible for a publication are as follows— Type of publication Persons responsible Newspaper or other periodical Any person who is a proprietor, editor or publisher of the newspaper or periodical. Relevant programme Any person who— is a body corporate engaged in providing the programme service in which the programme is included, or has functions in relation to the programme corresponding to those of an editor of a newspaper. Any other kind of publication Any person who publishes the publication. If an offence under this paragraph is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— the senior officer or person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. “ Senior officer ”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. Proceedings for an offence under this paragraph—
This paragraph applies where a person (“ the defendant ”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. It is a defence for the defendant to prove that at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that— It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description. The defence in sub-paragraph (3) is not available if— In this paragraph “ the victim ” means the person against whom the female genital mutilation offence in question is alleged to have been committed.
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A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— For the purposes of sub-paragraph (1)— include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. The first condition is that the storage of the information— The second condition is that the service provider— This sub-paragraph applies if the service provider obtains actual knowledge that—
A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if— Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
In this Schedule— For the purposes of the definition of “publication” in sub-paragraph (1)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court in England and Wales may make an order (an “FGM protection order”) for the purposes of— In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court must have regard to all the circumstances, including the need to secure the health, safety and well-being of the girl to be protected. An FGM protection order may contain— as the court considers appropriate for the purposes of the order. The terms of an FGM protection order may, in particular, relate to— For the purposes of sub-paragraph (4) examples of involvement in other respects are— An FGM protection order may be made for a specified period or until varied or discharged (see paragraph 6).
The court may make an FGM protection order— An application may be made by— An application may be made by any other person with the leave of the court. In deciding whether to grant leave, the court must have regard to all the circumstances including— An application under this paragraph may be made in other family proceedings or without any other family proceedings being instituted. The circumstances in which the court may make an order without an application being made are where— In this paragraph— Regulations under sub-paragraph (7) are to be made by statutory instrument, and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
The court before which there are criminal proceedings in England and Wales for a genital mutilation offence may make an FGM protection order (without an application being made to it) if—
the court considers that an FGM protection order should be made to protect a girl (whether or not the victim of the offence in relation to the criminal proceedings), and
a person who would be a respondent to any proceedings for an FGM protection order is a defendant in the criminal proceedings.
A person who without reasonable excuse does anything that the person is prohibited from doing by an FGM protection order is guilty of an offence. In the case of an FGM protection order made by virtue of paragraph 5(1), a person can be guilty of an offence under this paragraph only in respect of conduct engaged in at a time when the person was aware of the existence of the order. Where a person is convicted of an offence under this paragraph in respect of any conduct, the conduct is not punishable as a contempt of court. A person cannot be convicted of an offence under this paragraph in respect of any conduct which has been punished as a contempt of court. A person guilty of an offence under this paragraph is liable— A reference in any enactment to proceedings under this Part of this Schedule, or to an order under this Part of this Schedule, does not include a reference to proceedings for an offence under this paragraph or to an order made in proceedings for such an offence. “Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
The court may, in any case where it is just and convenient to do so, make an FGM protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court. In deciding whether to exercise its powers under sub-paragraph (1), the court must have regard to all the circumstances including— The court must give the respondent an opportunity to make representations about an order made by virtue of sub-paragraph (1). The opportunity must be—
The court may vary or discharge an FGM protection order on an application by— In the case of an order made in criminal proceedings under paragraph 3, the reference in sub-paragraph (1)(a) to a party to the proceedings for the order is to be read as a reference to the prosecution and the defendant. In addition, the court may vary or discharge an FGM protection order made by virtue of paragraph 2(1)(b) or 3 even though no application under sub-paragraph (1) above has been made to the court. Paragraph 5 applies to a variation of an FGM protection order as it applies to the making of such an order (and references in that paragraph to the making of an FGM protection order are to be read accordingly).
An interested party may apply to the relevant judge for the issue of a warrant for the arrest of a person if the interested party considers that the person has failed to comply with an FGM protection order or is otherwise in contempt of court in relation to such an order. The relevant judge must not issue a warrant on an application under sub-paragraph (1) unless— In this paragraph “interested party”, in relation to an FGM protection order, means— but no application may be made under sub-paragraph (1) by a person falling within paragraph (c) without leave of the relevant judge.
The court before which an arrested person is brought by virtue of a warrant under paragraph 7 may, if the matter is not then disposed of immediately, remand the person concerned. Paragraphs 9 to 14 contain further provision about the powers of a court to remand under this paragraph. Sub-paragraph (4) applies if a person remanded under this paragraph is granted bail under paragraphs 10 to 14. The person may be required by the relevant judge to comply, before release on bail or later, with such requirements as appear to the judge to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
Any power to remand a person under paragraph 8(1) may be exercised for the purpose of enabling a medical examination and report to be made if the relevant judge has reason to consider that a medical report will be required. If such a power is so exercised, the adjournment must not be for more than four weeks at a time unless the relevant judge remands the accused in custody. If the relevant judge remands the accused in custody, the adjournment must not be for more than three weeks at a time. Sub-paragraph (5) applies if there is reason to suspect that a person who has been arrested under a warrant issued on an application under paragraph 7(1) is suffering from mental disorder within the meaning of the Mental Health Act 1983. The relevant judge has the same power to make an order under section 35 of the Mental Health Act 1983 (remand for report on accused's mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.
Where a court has power to remand a person under paragraph 8, the court may remand the person in custody or on bail. If remanded in custody, the person is to be committed to custody to be brought before the court— The court may remand a person on bail— Where a person is brought before the court after remand the court may further remand the person. In this paragraph and in paragraphs 11 to 14, references to “the court” includes a reference to a judge of the court or, in the case of proceedings in a magistrates' court, a justice of the peace.
Where a person is remanded on bail, the court may direct that the person's recognizance be conditioned for his or her appearance— Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1), the fixing of any time for the person next to appear is to be treated as a remand. Nothing in this paragraph deprives the court of power at any subsequent hearing to remand a person afresh.
The court may not remand a person for a period exceeding 8 clear days unless— If sub-paragraph (1)(a) applies, the person may be remanded for the period of the adjournment. Where the court has power to remand a person in custody, the person may be committed to the custody of a constable if the remand is for a period not exceeding 3 clear days.
If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear before the court at the end of the period of remand, the court may further remand the person in his or her absence. The power in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties to a later time. Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may, in the person's absence, enlarge the person's recognizance and those of any sureties for the person to a later time. The enlargement of a person's recognizance is to be treated as a further remand. Paragraph 12(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.
This paragraph applies where under paragraph 10(3)(b) the court fixes the amount in which the principal and the sureties (if any) are to be bound. The recognizance may afterwards be taken by a person prescribed by rules of court (with the same consequences as if it had been entered into before the court).
The powers of the court in relation to contempt of court arising out of a person's failure to comply with an FGM protection order, or otherwise in connection with such an order, may be exercised by the relevant judge.
Nothing in this Part of this Schedule affects any other protection or assistance available to a girl who is or may become the victim of a genital mutilation offence. In particular, it does not affect—
In this Part of this Schedule— “the court”, except as provided in sub-paragraph (2), means the High Court, or the family court, in England and Wales; “FGM protection order” means an order under paragraph 1; “genital mutilation offence” means an offence under section 1, 2 or 3; “the relevant judge”, in relation to an FGM protection order, means— where the order was made by the High Court, a judge of that court; where the order was made by the family court, a judge of that court; where the order was made by a court in criminal proceedings under paragraph 3— a judge of that court, or a judge of the High Court or of the family court. Where the power to make an FGM protection order is exercisable by a court in criminal proceedings under paragraph 3, references in this Part of this Schedule to “the court” (other than in paragraph 2) are to be read as references to that court. In paragraph (c)(i) of the definition of “relevant judge” in sub-paragraph (1), the reference to a judge of the court that made the order includes, in the case of criminal proceedings in a magistrates' court, a reference to a justice of the peace.
The court in Northern Ireland may make an order (an “FGM protection order”) for the purposes of— In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court must have regard to all the circumstances, including the need to secure the health, safety and well-being of the girl to be protected. An FGM protection order may contain— as the court considers appropriate for the purposes of the order. The terms of an FGM protection order may, in particular, relate to— For the purposes of sub-paragraph (4) examples of involvement in other respects are— An FGM protection order may be made for a specified period or until varied or discharged (see paragraph 23).
The court may make an FGM protection order— An application may be made by— An application may be made by any other person with the leave of the court. In deciding whether to grant leave, the court must have regard to all the circumstances including— An application under this paragraph may be made in family proceedings or without any family proceedings being instituted. The circumstances in which the court may make an order without an application being made are where— In this paragraph—
The court before which there are criminal proceedings in Northern Ireland for a genital mutilation offence may make an FGM protection order (without an application being made to it) if—
the court considers that an FGM protection order should be made to protect a girl (whether or not the victim of the offence in relation to the criminal proceedings), and
a person who would be a respondent to any proceedings for an FGM protection order is a defendant in the criminal proceedings.
A person who without reasonable excuse does anything that the person is prohibited from doing by an FGM protection order is guilty of an offence. A person guilty of an offence under this paragraph is liable—
The court may, in any case where it is just and convenient to do so, make an FGM protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court. In deciding whether to exercise its powers under sub-paragraph (1), the court must have regard to all the circumstances including— If the court makes an order by virtue of sub-paragraph (1), it must specify a date for a full hearing. In sub-paragraph (3), “full hearing” means a hearing of which notice has been given to all the parties in accordance with rules of court.
The court may vary or discharge an FGM protection order on an application by— In the case of an order made in criminal proceedings under paragraph 20, the reference in sub-paragraph (1)(a) to a party to the proceedings for the order is to be read as a reference to the prosecution and the defendant. In addition, the court may vary or discharge an FGM protection order made by virtue of paragraph 19(1)(b) or 20 even though no application under sub-paragraph (1) above has been made to the court. Paragraph 22 applies to a variation of an FGM protection order as it applies to the making of such an order (and references in that paragraph to the making of an FGM protection order are to be read accordingly).
For the purposes of this Part of this Schedule, “the court” means the High Court, or a county court, in Northern Ireland. Sub-paragraph (1) is subject to— Where the power to make an FGM protection order is exercisable by a court in criminal proceedings under paragraph 20, references in this Part of this Schedule to “the court” (other than in paragraph 19) are to be read as references to that court. Article 34(3) to (10) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (allocation of proceedings to courts etc) applies for the purposes of this Part of this Schedule as it applies for the purposes of that Order but as if the following modification were made. The modification is that Article 34(8) is to be read as if there were substituted for it—
The Department of Justice in Northern Ireland may, after consulting the Lord Chief Justice, by order provide for courts of summary jurisdiction to be included among the courts who may hear proceedings under this Part of this Schedule. An order under sub-paragraph (1) may, in particular, make any provision in relation to courts of summary jurisdiction which corresponds to provision made in relation to such courts by or under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)). Any power to make an order under this paragraph (including the power as extended by paragraph 29(1)) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Part of this Schedule or any other enactment. In sub-paragraph (3) “enactment” includes Northern Ireland legislation. The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice's functions under this Part of this Schedule—
The powers of the court in relation to contempt of court arising out of a person's failure to comply with an FGM protection order, or otherwise in connection with such an order, may be exercised by the relevant judge.
An appeal lies to the High Court against— as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases). But an appeal does not lie to the High Court under sub-paragraph (1) where the county court is a divorce county court exercising jurisdiction under the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)) in the same proceedings. Provision must be made by rules of court for an appeal to lie (upon a point of law, a question of fact or the admission or rejection of any evidence) to the Court of Appeal against— by a county court of the type referred to in sub-paragraph (2). Sub-paragraph (3) is without prejudice to Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated). On an appeal under sub-paragraph (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal. Where an order is made under sub-paragraph (5), the High Court may also make such incidental or consequential orders as appear to it to be just. Any order of the High Court made on an appeal under sub-paragraph (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of— as if it were an order of the county court from which the appeal was brought and not an order of the High Court. This paragraph is subject to paragraph 28.
The Department of Justice in Northern Ireland 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 Article 34(5) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) as applied by paragraph 24(4) and (5) above. Except so far as provided for in any order made under sub-paragraph (1), no appeal may be made against any decision of a kind mentioned in that sub-paragraph. The Lord Chief Justice may nominate any of the following to exercise the Lord Chief Justice's functions under this paragraph—
An order made under or by virtue of paragraph 19(7), 24(4) and (5), 25(1) or 28(1)— An order made under or by virtue of paragraph 19(7), 24(4) and (5) or 28(1) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). An order under paragraph 25(1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) applies for the purposes of sub-paragraph (3) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Nothing in this Part of this Schedule affects any other protection or assistance available to a girl who is or may become the victim of a genital mutilation offence. In particular, it does not affect—
In this Part of this Schedule—
“the court” is to be read in accordance with paragraph 24;
“FGM protection order” means an order under paragraph 18;
“genital mutilation offence” means an offence under section 1, 2 or 3;
“the relevant judge”, in relation to an FGM protection order, means—
where the order was made by the High Court, a judge of that court;
where the order was made by a county court, a judge or district judge of that or any other county court;
where the order was made by a court in criminal proceedings under paragraph 20— a judge of that court, or a judge of the High Court or a judge or district judge of a county court.