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The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

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Requests for information under Council Regulation

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11.  (1)  This regulation applies if the designated Central Authority in England and Wales under Article 53 of the Council Regulation receives a request for information from another member State under Article 55(a)(i) of the Council Regulation.

(2) The designated Central Authority in England and Wales may request information about the whereabouts of a child from—

(a)a local authority in England,

(b)a local authority in Wales,

(c)the Secretary of State,

(d)an officer of the Children and Family Court Advisory and Support Service,

(e)a Welsh family proceedings officer,

(f)a Local Health Board (within the meaning given by section 11 of the National Health Service (Wales) Act 2006), or

(g)an NHS Trust (within the meaning given by section 18 of that Act).

(3) The designated Central Authority in England and Wales may request a report on the situation of a child from—

(a)a local authority in England,

(b)a local authority in Wales,

(c)an officer of the Children and Family Court Advisory and Support Service, or

(d)a Welsh family proceedings officer.

(4) A person who receives a request for information under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (5)).

(5) Nothing in this regulation requires a person to disclose information if the disclosure would constitute contempt of court or a criminal offence.

(6) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.

(7) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.

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