The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014

Jurisdiction in relation to incoming protection measures

3.—(1) The courts specified in paragraph (2) have jurisdiction for the purposes of—

(a) enforcement of an incoming protection measure under Article 4 of the Protection Measures Regulation;

(b) adjustment of a factual element of an incoming protection measure under Article 11 of the Protection Measures Regulation;

(c) refusal of recognition or enforcement of an incoming protection measure under Article 13 of the Protection Measures Regulation; and

(d) suspension or withdrawal of the effects of recognition or enforcement under Article 14(2) of the Protection Measures Regulation.

(2) The courts are—

(a) in England and Wales, the family court, the county court and the High Court;

(b) in Northern Ireland, a county court and the High Court.

(3) In Schedule 1 to the Senior Courts Act 1981(1), in paragraph 3 (Family Division), at the end insert—

“(l) proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a Member State other than the United Kingdom.”.

(4) Except where an appeal may be brought under section 44 of the Judicature (Northern Ireland) Act 1978(2), an appeal against a decision made under the Protection Measures Regulation by a court in Northern Ireland (“the decision”) must be brought in—

(a) the High Court, where the decision was made by a county court;

(b) a county court, where the decision was made by a court of summary jurisdiction.

(5) An appeal to the High Court by virtue of paragraph (4) is brought as if the decision had been made in the exercise of the jurisdiction conferred by Part III of the County Courts (Northern Ireland) Order1980(3), and Article 60 of that Order applies accordingly.

(6) On an appeal by virtue of paragraph (4), the appellate court may make—

(a) any order which is necessary to give effect to its determination of the appeal; and

(b) any incidental or consequential order as appears to it to be just.

(1)

1981 c.54.

(2)

1978 c.23.

(3)

S.I. 1980/397 (N.I.3).