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Version Superseded: 31/12/2020
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13.—(1) This regulation applies where a magistrates' court is required under regulation 12 to give effect to a European protection order.
(2) The magistrates' court must give effect to the order by making a restraining order under Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 M1, which has the effect for the purposes of this regulation as if—
(a)for subsection (2) there were substituted—
“(2) The order may, for the purpose of protecting a protected person under the Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014 (“the 2014 Regulations”), prohibit or restrict an individual causing danger from doing anything described in the order (subject to subsection (2A)).
(2A) The prohibitions or restrictions imposed on a person under subsection (2) must correspond as far as possible to those contained in the European protection order made by the competent authority of the issuing State.”;
(b)subsections (3A), (4) and (4A) were omitted; and
(c)after subsection (7) there were inserted—
“(8) In this section—
“European protection order”, “person causing danger” and “protected person” have the meanings given in regulation 11(1) of the 2014 Regulations;
“issuing State” is to be construed in accordance with regulation 12(1) of those Regulations.”.”
Marginal Citations
M1S.R.1997 No. 1180; Article 7 was amended by sections 13 and 58 of, and Schedules 10 and 11 to, the Domestic Violence, Crime and Victims Act 2004 (c.28). Article 7 (3A), (4A) and (7) were added by section 13 of the Domestic Violence, Crime and Victims Act 2004.
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