Forced Marriage (Civil Protection) Act 2007
Encyclopedia
The Forced Marriage Act 2007 (c 20) is an Act
of the Parliament
of the United Kingdom
. It seeks to assist victims of forced marriage
, or those threatened with forced marriage, by providing civil remedies. It extends to England and Wales
and Northern Ireland
-- it does not extend to Scotland
, as this is a devolved competencehttp://www.legislation.gov.uk/ukpga/2007/20/introduction?view=extent.
The centrepiece of the Act is the forced marriage order. A person threatened with forced marriage can apply to court for a forced marriage order can contain whatever provisions which the court finds would be appropriate to prevent the forced marriage from taking place, or to protect a victim of forced marriage from its effects, and may include such measures as confiscation of passport or restrictions on contact with the victim. The subject of a forced marriage order can be not just the person to whom the forced marriage will occur, but also any other person who aids, abets or encourages the forced marriage. A marriage can be considered forced not merely on the grounds of threats of physical violence to the victim, but also through threats of physical violence to third parties (e.g. the victim's family), or even self-violence (e.g. marriage procured through threat of suicide.) A person who violates a force marriage order is subject to contempt of court proceedings and may be arrested.
It was introduced as a private members bill into the House of Lords by Lord Lester of Herne Hill on the 16 November 2006. It was passed by the House of Lords on 13 June 2007, passed by the House of Commons on the 17 July 2007, and received royal assent on 26 July 2007. Unusually, although this was a private members bill, almost the entire contents of the bill was replaced by Government amendments in the Grand Committee, with the support of Lord Lester.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It seeks to assist victims of forced marriage
Forced marriage
Forced marriage is a term used to describe a marriage in which one or both of the parties is married without his or her consent or against his or her will...
, or those threatened with forced marriage, by providing civil remedies. It extends to England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
-- it does not extend to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, as this is a devolved competencehttp://www.legislation.gov.uk/ukpga/2007/20/introduction?view=extent.
The centrepiece of the Act is the forced marriage order. A person threatened with forced marriage can apply to court for a forced marriage order can contain whatever provisions which the court finds would be appropriate to prevent the forced marriage from taking place, or to protect a victim of forced marriage from its effects, and may include such measures as confiscation of passport or restrictions on contact with the victim. The subject of a forced marriage order can be not just the person to whom the forced marriage will occur, but also any other person who aids, abets or encourages the forced marriage. A marriage can be considered forced not merely on the grounds of threats of physical violence to the victim, but also through threats of physical violence to third parties (e.g. the victim's family), or even self-violence (e.g. marriage procured through threat of suicide.) A person who violates a force marriage order is subject to contempt of court proceedings and may be arrested.
It was introduced as a private members bill into the House of Lords by Lord Lester of Herne Hill on the 16 November 2006. It was passed by the House of Lords on 13 June 2007, passed by the House of Commons on the 17 July 2007, and received royal assent on 26 July 2007. Unusually, although this was a private members bill, almost the entire contents of the bill was replaced by Government amendments in the Grand Committee, with the support of Lord Lester.
Section 4 - Short title, commencement and extent
Orders made under this section:- The Forced Marriage (Civil Protection) Act 2007 (Commencement No.1) Order 2008 (S.I. 2008/2779 (C.122))
- The Forced Marriage (Civil Protection) Act 2007 (Commencement No. 1) Order (Northern Ireland) 2008 (S.I. 2008/446 (C.26))
External links
- The Forced Marriage (Civil Protection) Act 2007, as amended from the National Archives.
- The Forced Marriage (Civil Protection) Act 2007, as originally enacted from the National Archives.
- Explanatory notes to the Forced Marriage (Civil Protection) Act 2007.