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Statutory Guidance on Female Genital Mutilation.

Statutory Guidance on Female Genital Mutilation.

This statutory guidance is being issued under section 5C(1) of the Female Genital
Mutilation Act 20031 and extends to England and Wales only. Section 5C(1) states:
“(1) The Secretary of State may issue guidance to whatever persons in England and
Wales the Secretary of State considers appropriate about—
(a) the effect of any provision of this Act, or
(b) other matters relating to female genital mutilation.
(2) A person exercising public functions to whom guidance is given under this
section must have regard to it in the exercise of those functions.
(3) Nothing in this section permits the Secretary of State to give guidance to any
court or tribunal.”
As statutory guidance issued under section 5C of the 2003 Act, a person exercising
public functions to whom this guidance is given must have regard to it in the exercise
of those functions. This means that a person to whom the guidance is given must
take the guidance into account and, if they decide to depart from it, have clear
reasons for doing so.

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