عضوية أجهزة منظمة الصحة العالمية ولجانها [EM/RC72/12]

The court may make an order for the purposes of protecting— 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 person to be protected. In ascertaining that person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person's age and understanding. For the purposes of this Schedule a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A's free and full consent. For the purposes of sub-paragraph (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person. In this Schedule—

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.

A forced marriage protection order may be made for a specified period or until varied or discharged.

This Schedule does not affect any other protection or assistance available to a person who— In particular, it does not affect—

A forced marriage protection order may contain— as the court considers appropriate for the purposes of the order. The terms of such orders may, in particular, relate to— For the purposes of sub-paragraph (2) examples of involvement in other respects are—

The court may vary or discharge a forced marriage protection order on an application by— In addition, the court may vary or discharge a forced marriage protection order made by virtue of paragraph 3(1)(b) even though no application under sub-paragraph (1) above has been made to the court. Paragraph 4 applies to a variation of a forced marriage protection order as it applies to the making of such an order; and, accordingly, references in that paragraph to making a forced marriage protection order are to be read as references to varying such an order.

The court may make a forced marriage 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— An order of the Department of Finance and Personnel under sub-paragraph (7) may, in particular, specify that Department.

The Lord Chancellor 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 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 that power as extended by paragraph 14(3)) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under 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 paragraph—

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 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 8(3) and (4) 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—

The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage 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.

Any person who, without reasonable excuse, contravenes a forced marriage protection order, commits an offence and is liable on summary conviction—

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 ... 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 12.

For the purposes of this Schedule “the court” means the High Court or a county court. Sub-paragraph (1) is subject to any provision made by virtue of sub-paragraphs (3) and (4). 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.) apply for the purposes of this Schedule as they apply 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—

An order made by the Department of Finance and Personnel under paragraph 3(7) — An order made by the Lord Chancellor by virtue of paragraph 8(3) and (4) or under paragraph 12(1)— An order made by the Lord Chancellor under paragraph 9— Section 41(3) of the Interpretation Act (Northern Ireland) 1954 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.

The Department of Finance and Personnel may from time to time prepare and publish guidance to such descriptions of persons as the Department of Finance and Personnel considers appropriate about— A person exercising public functions to whom guidance is given under this paragraph must have regard to it in the exercise of those functions. Nothing in this paragraph permits the Department of Finance and Personnel to give guidance to any court or tribunal.

In this Schedule— “the court” is to be read with paragraph 8(1); “force” (and related expressions), in relation to a marriage, are to be read in accordance with paragraph 1(4) to (6); “forced marriage protection order” has the meaning given by paragraph 1(6); “marriage” means any religious or civil ceremony of marriage (whether or not legally binding); and “the relevant judge”, in relation to any order under this Schedule, means— where the order was made by the High Court, a judge of that court; and where the order was made by a county court, a judge or district judge of that or any other county court.