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Family Law

The leading authority on all aspects of family law

17 JUL 2015

New Female Genital Mutilation Protection Order provisions in force from today

Amy Sanders

Professional Support Lawyer

@Amy_Sanders1

New Female Genital Mutilation Protection Order provisions in force from today
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.



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