Commentary on Sections Section 63Q Guidance
71.Section 63Q provides for guidance on forced marriages. Subsection (1) provides a power for the Secretary of State to issue guidance on any of the provisions included in the Act or on the issue of forced marriages generally. It is intended that this section will enable the guidance currently issued by the Forced Marriage Unit to be issued under a statutory power.
72.Subsection (2) provides that public authorities to whom guidance is issued under this power must have regard to the guidance in carrying out their functions. This will ensure that the guidance has more force than the non-statutory guidance issued at present.
73.Subsection (3) provides that this power does not permit the Secretary of State to give guidance to any court or tribunal. This subsection also applies to guidance to the judiciary or magistracy as a body. It is intended to clarify that the power to issue guidance cannot interfere with judicial independence.