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New Female Genital Mutilation Protection Order provisions in force from today
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By virtue of the Serious Crime Act 2015 (Commencement No. 2)
Regulations 2015, provisions in the Serious Crime Act 2015 come into force
today, 17 July 2015 relating to Female Genital Mutilation Protection Orders.
Section 73 is brought into force which inserts a new section 5A into the Female Genital
Mutilation Act 2003. The section provides for a new Schedule 2 which contains
the all-important provisions to protect a girl against
the commission of a genital mutilation offence, or protect a girl against whom
a FGM offence has been committed.
A FGM
protection order can have a wide remit and contain any prohibitions, restrictions,
requirements or other terms as the court may consider appropriate.
The terms of a FGM protection order can extend to conduct
within the jurisdiction or outside of it and respondents to such an order are
people who are, or may become, involved in FGM as well as those who
commit or may attempt to commit a genital mutilation offence against a girl.
Involvement in such an act is construed widely and can range from aiding,
abetting, counselling, procuring, encouraging or assisting another person to
commit, or attempt to commit, a genital mutilation offence against a girl or
similarly conspire about such an offence.
Also in
force today are the additional provisions in Schedule 4 - Minor and consequential amendments.
In addition changes to the Family Procedure Rule 2010 come
into force today courtesy of the Family Procedure (Amendment No. 2) Rules 2015.
FPR 2010 Part 11 makes provision for the practice and procedure to be followed
on an application for a FGM protection order under Part 1 of Schedule 2 to the
Female Genital Mutilation Act 2003.
Further, the Family Proceedings Fees (Amendment No. 2) Order
2015 article 2(2) clarifies the funding in such applications and disapplies
fees in proceedings relating to FGM protection orders under Schedule 2 to the
FGMA 2003. Article 2(3) disapplies fees for requests for service by a bailiff
of FGM protection orders, or applications for, or to vary or discharge, FGM
protection orders.
For
further details see
The Serious Crime Act 2015
and
Female Genital Mutilation Act 2003.
Also, see
Zimran Samuel's Twitter page.
Family Court Practice, The
Order the 2024 edition
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