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

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

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.