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Last updated: 24 January 2020

Female Genital Mutilation (Protection and Guidance) (Scotland) Bill with Stage 2 changes

Female Genital Mutilation (Protection and Guidance) (Scotland) Bill 3 (3) A female genital mutilation protection order may, among other things, require a person— (a) to take the protected person to a place of safety designated in the order, (b) to bring the protected person to a court at such time and place as the 5 court making the order may specify, (c) to bring the protected person to any other place at such time and for such purpose as the court making the order may specify, (d) to refrain from violent, threatening or intimidating conduct (whether against the protected person or any other person), 10 (e) who is a person such as is mentioned in subsection (2)(b) or (c), to appear in court, (f) to disclose, if known, the whereabouts of such a person or the protected person, (g) to refrain from taking a protected person from, or to, such place as the 15 court may specify, (h) to facilitate or otherwise enable the protected person or another person to return or go to such place as the court may specify within such period as may be so specified, (i) to submit to the court such documents (including passports, birth 20 certificates or other documents identifying the person and travel documents) as the court may specify, (j) to provide the court with such other information as it may specify. (4) For the purposes of subsection (2)(c), examples of involvement in other respects are— 25 (a) conspiring to commit an offence under section 1 or section 3, (b) aiding, abetting, counselling, procuring or inciting another person to commit an offence under section 3. 5C Power to make orders on application (1) The court may, on an application to it under this section, make a female genital 30 mutilation protection order. (2) The following persons may apply to the court for a female genital mutilation protection order— (a) a person on whom there is a risk of an act of genital mutilation being performed, 35 (b) a person on whom such an act has been performed, (c) the Lord Advocate, (d) a relevant local authority, (e) the chief constable, (f) with the leave of the court only, any other person. 4 Female Genital Mutilation (Protection and Guidance) (Scotland) Bill (3) The court may permit a person mentioned in subsection (2) to be a party to proceedings relating to an application made by another person mentioned in subsection (2). (4) In deciding whether to grant a person (“the applicant”) leave as referred to in 5 subsection (2)(f) or, as the case may be, to allow the applicant to be a party to proceedings relating to an application made by another person, the court must have regard to all the circumstances including (where applicable)— (a) the applicant’s connection with a person who would be a protected person were the order made, 10 (b) the applicant’s knowledge of such a person and the person’s circumstances, (c) the wishes and feelings of such a person so far as they are reasonably ascertainable, (d) in a case where leave to apply is being sought, any reason why the 15 application is being made by the applicant and not such a person. (5) The court need only have regard to a person’s wishes and feelings as mentioned in subsection (4)(c) so far as it considers it appropriate, on the basis of the person’s age and understanding, to do so. (6) In this Act, a “relevant local authority” is— 20 (a) in the case of an application for a female genital mutilation protection order, the local authority in whose area— (i) a person, who would be a protected person were such an order made, is present, or (ii) a person, who would be a person falling within a description 25 specified in such an order (as mentioned in section 5A(2)(a)(ii)) were the order made, is present or is likely to be present, (b) in any other case, the local authority in whose area— (i) a protected person is present, or (ii) a person falling within a description specified in such an order (as 30 mentioned in section 5A(2)(a)(ii)) is present or is likely to be present. 5CA Power to make orders for anonymity (1) The court must (unless the court considers there are exceptional circumstances not to do so), at the request of a person mention in subsection (2), make an 35 order requiring measures to be taken to ensure that— (a) the identity of the person is not disclosed, (b) other information that may be likely to lead members of the public to identify the person is not disclosed, in relation to an application for a female genital mutilation protection order. 40 (2) A person mentioned in subsection (1) is— (a) a person, mentioned in section 5C(2)(a), (b) or (f), applying for a female genital mutilation protection order, Female Genital Mutilation (Protection and Guidance) (Scotland) Bill 5 (b) any other person who would be subject to the order applied for were the order to be made. (3) The kinds of measures that may be required to be taken under subsection (1) in relation to a person are— 5 (a) the publication either during a specified time or the duration of a person’s lifetime of— (i) the person’s name, (ii) the person’s address, (iii) the name or the address of any parent or legal guardian of the 10 person, (iv) the identity of any school or other educational establishment attended by the person, (v...
Last updated: 11 September 2025

SPBill26AENS062025accessible

However, 11 following the judgment of the court in the case of RR, Petitioner v HMA, the Crown has been required to ascertain the complainer’s position in relation to any application under section 275 and to present that position to the court.
Last updated: 10 September 2025

SPBill26AENS062025

However, following the 11 judgment of the court in the case of RR, Petitioner v HMA, the Crown has been required to ascertain the complainer’s position in relation to any application under section 275 and to present that position to the court.
Last updated: 21 August 2025

BB20250818

Supported by: Marie McNair*, Miles Briggs*, Colin Beattie* *S6M-18534 Mercedes Villalba: EIA Review of CCS and Upstream Emissions by SSE Thermal Peterhead Power Station—That the Parliament welcomes reported research from Carbon Tracker into the environmental impact of a proposed SSE Thermal combined cycle gas turbine power station at Peterhead; notes the UK Supreme Court decision in R (on the application of Finch) v...
Last updated: 5 June 2025

BB20250606

Friday 6 June 2025 34 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Questions | Ceistean S6W-38359 Stephen Kerr: To ask the Scottish Government for what reason £212,500 was provided to Show Racism the Red Card between 2017-18 and 2020-21 as part of the Promoting Equality and Cohesion Fund; what this funding was used for, and what the outcomes were of the Tackling Contemporary Racism v...
Last updated: 9 September 2024

BB20240910

Pre-Budget Scrutiny 2025-26: The Committee will take evidence from— Leonie Bell, Director, V&A Dundee; Lucy Casot, Chief Executive, Museums Galleries Scotland; Susan Deighan, Chief Executive, Glasgow Life; Anne Lyden, Director General, National Galleries of Scotland.
Last updated: 26 April 2023

Financial Memorandum accessible

This document relates to the Victims, Witnesses, and Justice Reform (Scotland) Bill (SP Bill 26) as introduced in the Scottish Parliament on 25 April 2023 ictims, Witnesses, and Justice Reform V(Scotland) Bill —————————— Financial memorandum Introduction 1.
Last updated: 7 March 2023

BB20210226

S5W-35403 Rhoda Grant: To ask the Scottish Government what action it is taking to ensure that all people with the condition, medication refractory essential tremor, can access transcranial magnetic resonance guided focused ultrasound at the earliest opportunity; what recent (a) representations and (b) discussions it has had with (i) the NHS, (ii) clinicians, (iii) patients, (iv) Friday 26 February 2021 38 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Questions | Ceistean family carers, (v...
Last updated: 7 March 2023

BB20210111

S5W-34362 Jackie Baillie: To ask the Scottish Government (a) how many and (b) what percentage of (i) care home residents, (ii) care home staff, (iii) NHS staff, (iv) social care staff and (v) people over 80 have been given a COVID-19 vaccination each week.
Last updated: 7 March 2023

BB20180716

S5W-17653 David Stewart: To ask the Scottish Government, in light of the ruling in the case of South Lanarkshire Council v Errington Cheese Ltd, what steps it will take to ensure that the source of the 2016 outbreak of E. coli poisoning is found.

Can't find what you're looking for?

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