A Scottish Government Consultation on Family Law - draft Impact Assessments

Potential reform of minimum age of marriage and civil partnership – partial Business and Regulatory Impact Assessment

Introduction

The Scottish Government is consulting on whether we should bring forward legislation to:

• raise the minimum age of marriage and civil partnership in Scotland from 16 to 18; and
• extend the forced marriage and forced civil partnership criminal offence (the forced marriage offence) under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014, so that any conduct with the intention of causing a person under 18 to marry or enter a civil partnership would be a criminal offence including where there is no evidence of coercion.
• This is a partial (draft) Business and Regulatory Impact Assessment (BRIA) prepared to help inform the Scottish Government’s consultation. Following the consultation, this BRIA will be updated once we decide next steps taking account of the responses.

Executive summary

This partial BRIA considers the potential costs and benefits of three Options:

• to raise the minimum age of marriage and civil partnership to 18 and to extend the forced marriage offence (option 1)
• to raise the minimum age of marriage and civil partnership to 18 but not extend the forced marriage offence (option 2)
• to do nothing (Option 3)

The cost of measures under option 1 would mainly be for the public sector, including National Records of Scotland (NRS), Police Scotland, the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Courts and Tribunals Service (SCTS), the Scottish Legal Aid Board (SLAB) and, where a conviction results in imprisonment, the Scottish Prison Service (SPS). These costs are expected to be low. We do not anticipate any significant increase in investigations or prosecutions arising from the extension of the forced marriage offence being considered. The impact of any extended criminal offence is more likely to act as a deterrent. Option 2 would have more limited costs for the public sector including the Scottish Government and NRS.

There are potential benefits under Options 1 or 2 in terms of increased protection from the harms that a legal relationship might expose under 18s to. There could also be benefits from the deterrence effect of extending the criminal offence of forced marriage to cover non-coercive conduct which is intended to cause a person under 18 to marry or enter a civil partnership whether or not this relationship is legally recognised.

If the minimum age of marriage and civil partnership did rise to 18, any income for businesses in the wedding sector from associated weddings may be delayed until both parties are 18. Otherwise, we do not anticipate any noticeable loss of income for businesses in the wedding sector under Options 1 or 2. Organisations offering legal advice and representation to alleged offenders may need to familiarise themselves with a change in the criminal law under Option 1. This could potentially be achieved through existing requirements for continuing professional development.

This BRIA will be updated once we have considered the outcomes of the public consultation and finalised if we proceed to introduce legislation.

Stage 1: Background, aims and options

Background to policy issue

The current minimum age of marriage in Scotland was set at 16 in the Age of Marriage Act 1929. Before then a girl could marry at 12 and a boy at 14 without need for parental consent.

Section 1 of the Marriage (Scotland) Act 1977 states that:

• “No person domiciled^[2] in Scotland may marry before he attains the age of 16” and
• “A marriage solemnised in Scotland between persons either of whom is under the age of 16 shall be void.”

Under section 86 of the Civil Partnership Act 2004, both parties must be at least 16 to be eligible to register a civil partnership.

The Scottish Government recognises that points have been made around the minimum age of marriage and civil partnership and whether young people need more protection. All marriages and civil partnerships should be entered into with full consent of both parties.

Whilst very few 16- and 17-year-olds marry or register a civil partnership in Scotland each year (in 2022 out of over 30,000 marriages, 18 involved a party or parties aged 16 or 17), we are aware of the concluding observation of the United Nations Committee on the Rights of the Child in 2023 recommending that we should prohibit all marriages of under 18s.

Purpose/ aim of action and desired effect

The Scottish Government has not yet decided whether to legislate. The public consultation will gather further views and evidence to help inform the Scottish Ministers’ decision on next steps.

Bodies in favour of the proposed reform have suggested that raising the minimum age of marriage and civil partnership to 18 would increase safeguards for 16- and 17-year-olds. A registered marriage or civil partnership is a potential life-long commitment from which legal and financial consequences arise.

Legislation in England and Wales to raise the minimum age of marriage and civil partnership there to 18 took effect in 2023. This legislation also expanded the criminal law of forced marriage. This means that, under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014, any purpose of causing a person under 18 who is habitually resident in England and Wales to marry is illegal whether or not the conduct amounts to violence, threats or any other form of coercion.

The conduct which may be criminalised under this extension of the forced marriage offence in England and Wales was described in the Westminster Parliament at Second Reading in the House of Lords as:

“that which is involved in initiating the process of marriage, such as inducing and persuading the child to marry. This aligns to the behaviour generally covered by the existing forced marriage offence and is the natural meaning of the word “cause”. It will often, although not always, be the parents who do that in these cases.

“We do not envisage that the offence would extend to people who contribute to a process which is already under way, such as people who make financial contributions towards a marriage or those who assist in practical arrangements, such as hiring out a hall.” (Column 1805)

Implementing the suggested reforms would require legislation in the Scottish Parliament.

Reform could contribute to the following National Outcomes in the National Performance Framework:

• Children and Young People: We grow up lived, safe and respected, so that we realise our full potential
• Communities: We live in communities that are inclusive, empowered, resilient and safe
• Human Rights: We respect, protect and fulfil human rights and live free from discrimination
• Poverty: We tackle poverty by sharing opportunities, wealth and power more equally

Options (considered so far/ still open)

We think the potential options are:

• Option 1 (bring forward full legislation) is to raise the minimum age of marriage and civil partnership to 18 and extend the forced marriage offence to encompass all non-coercive conduct for the purpose of causing the marriage or civil partnership of an under 18-year-old.
• Option 2 (bring forward more restricted legislation) is to raise the minimum age of marriage and civil partnership only
• Option 3 would be to do nothing

Sectors/ Groups affected

We think that reform of the minimum age of marriage and civil partnership under Options 1 or 2 would affect:

• 16- and 17-year-olds who could no longer marry or enter a civil partnership
• local authority registrars who deal with the administration of all registered marriages and civil partnerships and who can also solemnise civil marriages and civil partnerships
• religious or belief celebrants who are authorised to solemnise marriages and register civil partnerships
• NRS

If there is a change to the criminal law of forced marriage or forced civil partnership under Option 1, this could potentially affect:

• some children, who might be at risk of being induced or persuaded into taking part in a marriage ceremony or to enter a purported civil partnership
• the parents or those taking care of under 18s, as well as wider family and communities
• Police Scotland who would be responsible for investigating alleged breaches of an extended forced marriage or forced civil partnership offence
• COPFS who consider reports from Police Scotland and who can prosecute alleged offenders
• SCTS which administers the courts
• SLAB which administers the legal aid fund and makes legal aid grants to eligible people
• SPS who are responsible for those charged with an offence and held on remand, or those sentenced to imprisonment following conviction
• Solicitors, solicitor-advocates and advocates representing an alleged offender

We think that reform of the minimum age of marriage and civil partnership would have a minimal impact on businesses providing services to couples marrying or entering a civil partnership. The businesses involved in the supply chain for the wedding industry are varied, covering hospitality premises and venue services; photographers; providers of wedding dresses and other clothing; chauffeurs; wedding planners; hairdressers. Very few 16- and 17-year-olds enter a registered marriage or civil partnership in Scotland each year, but if the minimum age of marriage and civil partnership was raised to 18, many of the associated weddings may simply be delayed until both parties are 18.

Stage 2: Engagement and information gathering

Engagement approach

Before the Scottish Government decided to issue the public consultation, officials met informally with a range of groups to gather views and evidence. Once the responses to the public consultation are analysed, we will reach decisions on our next steps.

The details of the organisations we spoke to as part of this process are set out in paragraph 36.

Internal SG engagement and wider government

The Family Law Policy Unit at the Scottish Government has worked with Justice Analysis Division, the Equality Unit Violence against Women and Girls team and colleagues at NRS. The Registrar General for Scotland who is the Chief Executive of NRS is responsible for maintaining the national system of civil registration of births, still-births, deaths, marriages and civil partnerships.

We also spoke to Police Scotland and COPFS.

Given that we do not anticipate any noticeable impact for businesses in the wedding sector we have not engaged with the Regulatory Review Group.

UK/ Devolved Administrations

Marriage and civil partnership are devolved to the Scottish Parliament.

The minimum age of marriage and civil partnership in England and Wales was raised in 2023 to 18. Previously, a party could marry in England and Wales at 16 provided they had parental consent.

We engaged with UK Government officials in the Ministry of Justice and the Home Office during the progress of the Westminster legislation which resulted in reform in England and Wales.

We are in contact with officials in the Department for Finance in the Northern Ireland Executive about progress regarding this work. A previous Minister for Finance there committed to the preparation of legislation in Northern Ireland to raise the minimum age of marriage to 18.

Wider Public Sector

We have engaged with the Association of Registrars of Scotland who represent local authority registrars dealing with registration of marriages and civil partnerships. If the minimum age of marriage and civil partnership was raised, there might be a need for any local authority guidance to couples to be updated to reflect this although we would expect the costs of this to be minimum.

International

We have not engaged with officials in countries overseas.

Business / Third Sector engagement

We have discussed the potential impacts for wedding sector businesses with the Scottish Wedding Industry Alliance.

Impact for legal firms and advocates is likely to involve the need for familiarisation with any changes in the law. We will ensure that when the public consultation opens that the Law Society of Scotland and the Faculty of Advocates are sighted on the consultation.

Public consultation

Before we decided to issue this public consultation officials met informally with a range of groups, including:

• AMINA- Muslim Women’s Resource Centre
• Article 12 in Scotland
• Association of Registrars of Scotland
• Caledonian Humanist Association
• The Church of Scotland
• Evangelical Alliance
• The Free Church of Scotland
• Hemat Gryffe Women’s Aid
• Humanist Society Scotland
• IKWRO Women’s Rights Organisation
• Independent Humanist Ceremonies
• JustRight Scotland
• Karma Nirvana
• Minority Ethnic Carers of People Project (Gypsy/Traveller Carer’s Project)
• Scottish Council of Jewish Communities
• Saheliya
• Scottish Women’s Aid
• The Scottish Association of Mosques
• Shakti Women’s Aid
• Sikhs in Scotland
• Together (Scottish Alliance for Children’s Rights)
• UNICEF UK
• The United Free Church of Scotland

Officials also met with:

• some members of the Scottish Youth Parliament
• some academics.

The Minister for Victims and Community Safety, Siobhian Brown MSP, met with Pauline Latham MP, who promoted the Westminster legislation which changed the minimum age of marriage and civil partnership in England and Wales.

Stage 3: Costs, impacts and benefits

Quantified costs to businesses

In 2023 there were 21 instances of marriages in Scotland where one or both parties were 16 or 17. This can be compared with 2013, when there were 50 recorded marriages where at least one party was under 18. Between 2005 and 2023 there were 4 civil partnerships registered where one or both parties were 16 or 17.

If Option 1 or 2 was implemented, to the extent that such couples might have employed businesses in the wedding sector to provide goods or deliver services in connection with their wedding, they could choose to delay their weddings until they are both 18. It is also possible the delay might mean they do not marry or register a civil partnership.

The wedding sector is a valuable part of the Scottish business sector (during the coronavirus pandemic, we suggested that the wedding sector could be worth £519 million in 2019). Bridebook’s UK Wedding Report 2024 suggests, based on a survey of 6000 married and engaged couples, that the average cost of a wedding in Scotland is £19,387.

Couples affected by a change in the law might simply delay their marriage or civil partnership. To the extent that any business might be entirely lost as a result of a change in the minimum age of marriage and civil partnership, given that the number of marriages involving a 16- or 17- year-old was just over 20 in 2023 and numbers have been dropping for some time, we do not think the impact is likely to be discernible to individual businesses.

There may be costs to solicitors, solicitor-advocates and advocates familiarising themselves with a change in the criminal law under Option 1, but this could potentially be undertaken as part of the ongoing requirement for continuing professional development.

Costs incurred in delivering legal services to a person under investigation or a defendant in a prosecution under the potential extended element of the forced marriage offence would be recoverable from the individual represented or where the alleged perpetrator is eligible, from the legal aid budget.

Potential costs or impacts for others

Costs of Option 1 (bring forward full legislation)

There would be one-off implementation costs to the Scottish Government for communications activity to raise awareness of changes in the law, the costs of which are expected to be minimal. We anticipate that awareness raising could be done without resort to external production, service or media costs and absorbed by existing Scottish Government resources and communications channels, including social media, and updating the available information on mygov.scot.

There would be some minimal one-off IT set up costs for NRS if we legislated to change the minimum age of marriage and civil partnership and to provide training to familiarise staff and local authority registrars with the system changes. We think that a one-off cost of £100,000 should covers costs to NRS.

There may also be minimal one-off costs for NRS and local authorities (whose registrars administer the registration of marriages and civil partnerships) in updating their public-facing information for couples and for religious or belief celebrants authorised to solemnise marriage and register civil partnerships.

Receipt of the registration fees associated with the marriage or civil partnership may simply be delayed until both parties are of age to marry or register a civil partnership. However, there may be a very small drop in the registration fees paid to local authority registrar when each party to a proposed marriage or civil partnership submits their marriage notice form or civil partnership notice form. The registration fee is currently £45 for each notice.

Under Option 1 some weddings might be delayed until both parties to the marriage or civil partnership were 18, although it is possible some weddings might not take place if the parties separate before a marriage or civil partnership becomes possible. This would reduce slightly the number of weddings taking place in Scotland and reduce the income generated for businesses operating in the wedding sector. However, any reduction in income is expected to be very low given the small number of marriages involving a 16- or 17-year-old party.

There is a potential cost to couples arising from Option 1 in that couples who could no longer marry or register a civil partnership would not have access to the Marriage Allowance. Currently this lets a spouse or civil transfer £1,260 of their Income Tax Personal Allowance to their husband, wife or civil partner. The receiving spouse or civil partner can benefit by up to £252 in reduced tax.

A person guilty of an offence under the forced marriage offence in section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 is liable:

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine or both.

There could be one-off costs arising from an extension of the criminal law in terms of training or familiarisation for those working within relevant justice agencies. One off costs of £100,000 to each of Police Scotland and COPFS should cover this. There could also be recurring costs for:

• Police Scotland for investigation of alleged crimes under the extended offence
• COPFS in respect of cases considered for prosecution under the potential new element of the forced marriage offence and from any prosecutions arising
• SCTS in respect of any prosecutions arising
• SLAB in respect of legal aid payments to those prosecuted
• SPS for any cases where a person prosecuted with the extended offence is held on remand or, after conviction, is sentenced to a term of imprisonment

Police Scotland and COPFS may want to review and update their existing joint guidance on the investigation, reporting and prosecution of offences of forced marriage (www.copfs.gov.uk), and so incur resource costs in doing so

We do not have data on the average cost of a police investigation. We understand that Police Scotland does not routinely record the general costs involved for any specific operation. In any event, policing costs are harder to estimate, as they involve not only investigations which result in prosecutions, but time spent investigating cases which do not.

COPFS has advised that for 2023-24, solemn prosecutions in the sheriff court cost COPFS an average of £6,669 to prosecute, as opposed to the average cost of a summary procedure in the sheriff court or justice of the peace court of £956.

In 2023, the average court costs for solemn sheriff court procedures for the SCTS were calculated as being £2,582, as opposed to the average cost of a summary procedure of £507. In 2023, the average costs of legal aid provided by the SLAB where the defendant is eligible for legal aid have been calculated as £1,912 for a sheriff court solemn procedure and £712 for summary proceedings.

These costs for SCTS and SLAB use the Costs of the Criminal Justice System in Scotland dataset 2016-17 (available at Costs of the criminal justice system in Scotland dataset: 2016-17 (published December 2019) - gov.scot (www.gov.scot) ) adjusted for inflation to give costs in 2022-23 using HM Treasury GDP Deflators (November 2022/Autumn Statement available at GDP deflators at market prices, and money GDP - GOV.UK (www.gov.uk).

There could be costs arising for the SPS if those convicted of the forced marriage offence as extended, are sentenced to imprisonment. Audit Scotland’s 2022/2023 Report on SPS reported that the annual average costs per prisoner place had increased to £44,620.

However, based on the experience of the existing forced marriage offence and civil Forced Marriage Protection Orders, we expect that the numbers of cases arising for a non-coercive form of forced marriage or forced civil partnership relating to children would also be low.

Between 2015/6 and 2021-22 there were four Police recorded forced marriage related offences. There were no criminal proceedings or convictions for the forced marriage offence between 2013-14 and 2022-23.

Between 2017-18 and 2020-21, there were six Forced Marriage Protection Orders granted and no recorded breaches of such an order.

The UK Ministry of Justice estimated in 2021 that there might be one new prosecution in England and Wales each year under the (then proposed) extension to the forced marriage offence there: see the Age of Marriage Bill IA (parliament.uk)

It is difficult to estimate whether imprisonment might arise from a conviction under the extended element of the forced marriage offence.

We do not anticipate that an extension would result in any significant rise in the numbers of police recorded incidences of forced marriage or of prosecutions and convictions.

Costs of Option 2 (bring forward restricted legislation)

If legislation were only taken forward to raise the minimum age of marriage and civil partnership to 18, but not to extend the forced marriage offence, there would still be costs as highlighted at paragraphs 45- 50 above.

There would be no additional deterrence effect in respect of non-coercive conduct in relation to causing a child to marry if the forced marriage offence is not extended.

Costs of Option 3 (Do nothing)

If no legislation is brought forward, no costs would be incurred but the potential benefits of Options 1 or 2 for under 18s set out below would not arise.

Potential benefits

Benefits of Option 1 (bring forward full legislation)

Option 1 would be to bring forward legislation to raise the minimum age of marriage and civil partnership to 18 and extend the criminal law of forced marriage to encompass non-coercive conduct aimed at causing a person under 18 to take part in a marriage ceremony or civil partnership.

It has been suggested that there could be a range of potential benefits from increasing the minimum age of marriage and civil partnership to 18. These benefits cannot be expressed in monetary terms.

The United Nations Committee on the Rights of the Child and the Committee on Eliminating Discrimination against Woman issued a joint General Recommendation on harmful practices which summarises international evidence about the evidence of impacts associated with marriage before 18:

“Child marriage is often accompanied by early and frequent pregnancy and childbirth, resulting in higher-than-average maternal morbidity and mortality rates. Pregnancy-related deaths are the leading cause of mortality for girls between 15 and 19 years of age, whether married or unmarried, around the world. Infant mortality among the children of very young mothers is higher (sometimes as much as two times higher) than among those of older mothers. In cases of child and/or forced marriage, in particular where the husband is significantly older than the wife, and where girls have limited education, the girls generally have limited decision-making power in relation to their own lives. Child marriage also contributes to higher rates of school dropout, especially among girls, forced exclusion from school and an increased risk of domestic violence, in addition to limiting the enjoyment of the right to freedom of movement.”

A number of those we met suggested that raising the minimum age of marriage and civil partnership would increase protections for under 18s, including to lessen their exposure to risk and harms such as from exploitation. It has also been suggested that this could help ensure that existing child protection measures are applied consistently.

Raising the minimum age of marriage and civil partnership could possibly reduce the risk of relationships later breaking down: early marriage has sometimes been associated with an increased risk of divorce. The published Civil Justice Statistics in Scotland has data about the age(s) at marriage of couples divorcing in Scotland, although not those who were married aged 16 or 17. Of the 7,367 couples in mixed sex marriages who divorced in Scotland in 2022-2023, in 1,711 cases the female party was under 25 at the time of marriage, and 164 where the and in 810 cases both parties were under 25 at the time of marriage.

Raising the minimum age of marriage and civil partnership to 18 would mean that no one under 18 could enter a legally recognised marriage in Scotland. A marriage ceremony here or purported civil partnership involving a party under 18 would have no legal effect.

Some overseas marriages and overseas relationships recognised as civil partnerships involving a party who was, at the time the relationship was formed, domiciled in Scotland would, in future, not be recognised.

The terms of section 1(1) of the 1977 Act (as set out in paragraph 4) mean that, if the minimum age of marriage was raised to 18, a marriage which subsequently took place overseas involving a party who was under 18 and domiciled in Scotland when it took place, would not be legally recognised here. Similarly, if we raised the minimum age of civil partnership this could affect subsequent overseas relationships which would otherwise be treated as a civil partnership. Under section 217(4) of the Civil Partnership Act 2004, a couple in an overseas relationship will not be treated as having formed a civil partnership if one of the parties was domiciled in Scotland at the time the relationship was entered into, and the parties would not have been eligible to form a civil partnership here.

The extension of the forced marriage offence should have an additional deterrent effect in relation to parents or others having responsibility for a person who is under 18 to stop them carrying out any conduct in relation to the child’s marriage where the child might otherwise not be protected by the existing legislation.

It is difficult to estimate how many non-legal marriages might not happen if the changes in the law being considered took place. There are no official records of such relationships.

The forced marriage offence in Scotland applies to any marriage or purported civil partnership whether or not legally binding. In 2023, the UK Government’s Forced Marriage Unit (FMU) provided advice or support in 283 cases. 12% of these cases involved victims who were known to be aged 15 and under (14% in 2022) and 13% were known to be aged 16 or 17 years old (16% in 2022). Overall, 6 of all the cases handled by the FMU involved a victim known to live in Scotland.

Benefits of Option 2 (bring forward restricted legislation)

Bringing forward legislation to raise the minimum age of marriage and civil partnership to 18 would potentially have the benefits highlighted at paragraphs 68 to 77 above.

The costs of option 2 would be less than Option 1 as there would be none of the costs arising for justice agencies highlighted in paragraphs 52 to 64 as the forced marriage offence would not be extended.

Some of the groups we have met with informally expressed concern that extending the forced marriage offence might cause harm by forcing underage marriages further underground.

Benefits of Option 3 (do nothing)

There would largely be no monetary costs arising from this option but as noted, to the extent that there are harms associated with marriage or civil partnership involving parties under 18, there may be impacts for individuals if Option 3 is taken.

If a couple chose to cohabit if they were ineligible to marry or enter a civil partnership, there are some protections in place for cohabitants on separation or death. These are not the same as if they had been married or civilly partnered: see sections 25 to 31 of the Family Law (Scotland) Act 2006.

Scottish firms’ international competitiveness

We do not consider either Option 1 or 2 would affect Scottish businesses ability to compete internationally or impact on capital investment in Scotland.

Small business impacts

Many businesses within the wider wedding sector in Scotland are understood to be small businesses, however, we consider the impact for businesses in that sector of implementing Option 1 or 2 would be minimal and potentially not measurable given the very low numbers of marriages and civil partnerships involving a 16- or 17-year-old party or parties.

Investment

None of the options has the potential to make Scotland a more, or less, attractive place for lobal investment.

Workforce and Fair Work

The options do not affect the workforce or the ability of businesses to meet Fair Work First principles.

Climate change/ Circular Economy

Taking either of Options 1 or 2 would not affect climate change or the circular economy.

Competition Assessment

Any change to the minimum age of marriage and civil partnership would not distort or otherwise affect competition.

Consumer Duty

If legislation to raise the minimum age of marriage and civil partnership was implemented there would be no marriages or civil partnerships in Scotland involving a party under 18. There would be no impact for the provision of goods and services to businesses in the wedding sector or to couples eligible to marry or civilly partner.

Stage 4: Additional implementation considerations

Enforcement/ compliance

The operation of an increase the minimum age of marriage and civil partnership under Options 1 or 2 would be for local authority registrars and NRS. Those seeking to marry or enter a civil partnership must evidence their eligibility to do so.

The operation of an extended forced marriage offence would be for Police Scotland, the COPFS and the SCTS. The potential penalties if convicted as set out in section 122 of the 2014 Act, which include imprisonment, would be unaffected.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

Taking Options 1 and 2 would result in greater policy alignment with the position in England and Wales and potentially with Northern Ireland if proposed legislation there proceeds. We do not consider there would be an impact for the Internal Market/ Intra-UK trade.

International Trade Implications

If legislation proceeds, we do not consider that this will impact on international trade.

EU Alignment consideration

Countries in the EU do not have a consistent approach to the minimum age of marriage (or, where an equivalent relationship exists, the minimum age of civil partnership). A number of EU jurisdictions, including Germany, Denmark and Sweden have increased their minimum age of marriage to 18 without exception over the last ten years or so.

Legal Aid

If the criminal offence of forced marriage or forced civil partnership was extended as suggested under Option 1, more people might be investigated and some prosecuted. This could give rise to additional costs for SLAB which would be dependent on the number of such investigations and prosecutions of eligible defendants seeking legal aid. However, we do not expect any significant increase in the number of prosecutions for forced marriage under Option 1 if the proposed extension of that offence proceeded.

Digital impact

Legislation under Option 1 or 2 would have no consequences for the provision or delivery of digital services.

Business forms

There would be no new business forms under Options 1 or 2.

Stage 5: Next steps and implementation

Recommendations/ preferred options

We have not recommended a preferred option in advance of considering the responses to the public consultation.

Implementation considerations/ plan

No decisions have been made on whether legislative change will be progressed.

Post implementation review

If legislation is progressed, we will consider our approach to post-implemented review at that stage. At minimum, there would be a review within 10 years of implementation.

Declaration

I have read the partial Business and Regulatory Impact Assessment, and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

I am also satisfied that officials have considered the impact on consumers as required by the Consumer Scotland Act 2020 in completion of the Consumer Duty section of this BRIA.

[This will be completed after this consultation and views have been obtained from consultees]

Signed:

Date:

Minister's name:

Minister's title:

Scottish Government Contact point: familylawconsultation@gov.scot