Regulation (EU) No 606/2013 of the European Parliament and of the CouncilShow full title

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular points (a), (e) and (f) of Article 81(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

After consulting the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) The Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured and access to justice is facilitated, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. For the gradual establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters having cross-border implications, particularly when necessary for the proper functioning of the internal market.

(2) Article 81(1) of the Treaty on the Functioning of the European Union (TFEU) provides that judicial cooperation in civil matters having cross-border implications is to be based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases.

(3) In a common area of justice without internal borders, provisions to ensure rapid and simple recognition and, where applicable, enforcement in another Member State of protection measures ordered in a Member State are essential to ensure that the protection afforded to a natural person in one Member State is maintained and continued in any other Member State to which that person travels or moves. It is necessary to ensure that the legitimate exercise by citizens of the Union of their right to move and reside freely within the territory of Member States, in accordance with Article 3(2) of the Treaty on European Union (TEU) and Article 21 TFEU, does not result in a loss of that protection.

(4) Mutual trust in the administration of justice in the Union and the aim of ensuring quicker and less costly circulation of protection measures within the Union justify the principle according to which protection measures ordered in one Member State are recognised in all other Member States without any special procedure being required. As a result, a protection measure ordered in one Member State (‘Member State of origin’) should be treated as if it had been ordered in the Member State where its recognition is sought (‘Member State addressed’).

(5) In order to attain the objective of free movement of protection measures, it is necessary and appropriate that the rules governing the recognition and, where applicable, enforcement of protection measures be governed by a legal instrument of the Union which is binding and directly applicable.

(6) This Regulation should apply to protection measures ordered with a view to protecting a person where there exist serious grounds for considering that that person’s life, physical or psychological integrity, personal liberty, security or sexual integrity is at risk, for example so as to prevent any form of gender-based violence or violence in close relationships such as physical violence, harassment, sexual aggression, stalking, intimidation or other forms of indirect coercion. It is important to underline that this Regulation applies to all victims, regardless of whether they are victims of gender-based violence.

(7) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime(3) ensures that victims of crime receive appropriate information and support.

(8) This Regulation complements Directive 2012/29/EU. The fact that a person is the object of a protection measure ordered in civil matters does not necessarily preclude that person from being defined as a ‘victim’ under that Directive.

(9) The scope of this Regulation is within the field of judicial cooperation in civil matters within the meaning of Article 81 TFEU. This Regulation applies only to protection measures ordered in civil matters. Protection measures adopted in criminal matters are covered by Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European Protection Order(4).

(10) The notion of civil matters should be interpreted autonomously, in accordance with the principles of Union law. The civil, administrative or criminal nature of the authority ordering a protection measure should not be determinative for the purpose of assessing the civil character of a protection measure.

(11) This Regulation should not interfere with the functioning of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility(5) (‘Brussels IIa Regulation’). Decisions taken under the Brussels IIa Regulation should continue to be recognised and enforced under that Regulation.

(12) This Regulation takes account of the different legal traditions of the Member States and does not interfere with the national systems for ordering protection measures. This Regulation does not oblige the Member States to modify their national systems so as to enable protection measures to be ordered in civil matters, or to introduce protection measures in civil matters for the application of this Regulation.

(13) In order to take account of the various types of authorities which order protection measures in civil matters in the Member States, and unlike in other areas of judicial cooperation, this Regulation should apply to decisions of both judicial authorities and administrative authorities provided that the latter offer guarantees with regard, in particular, to their impartiality and to the right of the parties to judicial review. In no event should police authorities be considered as issuing authorities within the meaning of this Regulation.

(14) Based on the principle of mutual recognition, protection measures ordered in civil matters in the Member State of origin should be recognised in the Member State addressed as protection measures in civil matters in accordance with this Regulation.

(15) According to the principle of mutual recognition, the recognition corresponds to the duration of the protection measure. However, taking into account the diversity of protection measures under the laws of the Member States, in particular in terms of their duration, and the fact that this Regulation will typically apply in urgent situations, the effects of recognition under this Regulation should, by way of exception, be limited to a period of 12 months from the issuing of the certificate provided for by this Regulation, irrespective of whether the protection measure itself (be it provisional, time-limited or indefinite in nature) has a longer duration.

(16) In cases where the duration of a protection measure is greater than 12 months, the limitation of the effects of recognition under this Regulation should be without prejudice to the right of the protected person to invoke that protection measure under any other available legal act of the Union providing for recognition or to apply for a national protection measure in the Member State addressed.

(17) The limitation of the effects of recognition is exceptional due to the special nature of the subject matter of this Regulation and should not serve as a precedent for other instruments in civil and commercial matters.

(18) This Regulation should deal only with the recognition of the obligation imposed by the protection measure. It should not regulate the procedures for implementation or enforcement of the protection measure, nor should it cover any potential sanctions that might be imposed if the obligation ordered by the protection measure is infringed in the Member State addressed. Those matters are left to the law of that Member State. However, in accordance with the general principles of Union law and particularly the principle of mutual recognition, Member States are to ensure that protection measures recognised under this Regulation can take effect in the Member State addressed.

(19) Protection measures covered by this Regulation should afford protection to the protected person at his or her place of residence or place of work, or at another place which that person visits on a regular basis, such as the residence of close relatives or the school or educational establishment attended by his or her child. Irrespective of whether the place in question or the extent of the area covered by the protection measure is described in the protection measure by one or more specific addresses or by reference to a circumscribed area which the person causing the risk may not approach or enter, respectively (or a combination of the two), the recognition of the obligation imposed by the protection measure relates to the purpose which the place serves for the protected person rather than to the specific address.

(20) In the light of the foregoing and provided that the nature and the essential elements of the protection measure are maintained, the competent authority of the Member State addressed should be allowed to adjust the factual elements of the protection measure where such adjustment is necessary in order for the recognition of the protection measure to be effective in practical terms in the Member State addressed. Factual elements include the address, the general location or the minimum distance the person causing the risk must keep from the protected person, the address or the general location. However, the type and the civil nature of the protection measure may not be affected by such adjustment.

(21) In order to facilitate any adjustment of a protection measure, the certificate should indicate whether the address specified in the protection measure constitutes the place of residence, the place of work or a place that the protected person visits on a regular basis. Furthermore, if relevant, the circumscribed area (approximate radius from the specific address) to which the obligation imposed by the protection measure on the person causing the risk applies should also be indicated in the certificate.

(22) In order to facilitate the free movement of protection measures within the Union, this Regulation should introduce a uniform model of certificate and provide for the establishment of a multilingual standard form for that purpose. The issuing authority should issue the certificate upon request by the protected person.

(23) Free text fields in the multilingual standard form for the certificate should be as limited as possible, so that translation or transliteration may be provided in most cases without imposing any costs on the protected person by making use of the standard form in the relevant language. Any costs for necessary translation that goes beyond the text of the multilingual standard form are to be allocated as provided under the law of the Member State of origin.

(24) Where a certificate contains free text, the competent authority of the Member State addressed should determine whether any translation or transliteration is required. This should not preclude the protected person or the issuing authority of the Member State of origin from providing a translation or transliteration on their own initiative.

(25) To ensure respect for the rights of defence of the person causing the risk, where the protection measure was ordered in default of appearance or under a procedure that does not provide for prior notice to that person (‘ex-parte proceeding’), the issue of the certificate should only be possible if that person has had the opportunity to arrange for his or her defence against the protection measure. However, with a view to avoiding circumvention and taking into account the typical urgency of cases necessitating protection measures, it should not be required that the period for raising such defence has expired before a certificate may be issued. The certificate should be issued as soon as the protection measure is enforceable in the Member State of origin.

(26) Having regard to the objectives of simplicity and speed, this Regulation provides for simple and quick methods to be used for bringing procedural steps to the notice of the person causing the risk. Those specific methods of notification should apply only for the purposes of this Regulation due to the special nature of its subject matter, should not serve as a precedent for other instruments in civil and commercial matters and should not affect any obligations of a Member State concerning the service abroad of judicial and extrajudicial documents in civil matters arising from a bilateral or multilateral convention concluded between that Member State and a third country.

(27) When the certificate is brought to the notice of the person causing the risk and also when any adjustment is made to any factual elements of a protection measure in the Member State addressed, due regard should be paid to the interest of the protected person in not having his or her whereabouts or other contact details disclosed. Such details should not be disclosed to the person causing the risk unless such disclosure is necessary for compliance with, or the enforcement of, the protection measure.

(28) The issuing of the certificate should not be subject to appeal.

(29) The certificate should be rectified where, due to an obvious error or inaccuracy, such as a typing error or an error of transcription or copying, the certificate does not correctly reflect the protection measure, or should be withdrawn if it was clearly wrongly granted, for example where it was used for a measure that falls outside the scope of this Regulation or where it was issued in breach of the requirements for its issuing.

(30) The issuing authority of the Member State of origin should, upon request, assist the protected person in obtaining information on the authorities of the Member State addressed before which the protection measure is to be invoked or enforcement is to be sought.

(31) The harmonious functioning of justice requires that irreconcilable decisions should not be delivered in two Member States. To that end, this Regulation should provide for a ground for refusal of recognition or enforcement of the protection measure in cases of irreconcilability with a judgment given or recognised in the Member State addressed.

(32) Public interest considerations may, in exceptional circumstances, justify a refusal by the court of the Member State addressed to recognise or enforce a protection measure where its application would be manifestly incompatible with the public policy of that Member State. However, the court should not be able to apply the public-policy exception in order to refuse recognition or enforcement of a protection measure when to do so would be contrary to the rights set out in the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof.

(33) In the event of suspension or withdrawal of the protection measure or withdrawal of the certificate in the Member State of origin, the competent authority of the Member State addressed should, upon submission of the relevant certificate, suspend or withdraw the effects of recognition and, where applicable, the enforcement of the protection measure.

(34) A protected person should have effective access to justice in other Member States. To ensure such effective access in procedures covered by this Regulation, legal aid is to be provided in accordance with Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes(6).

(35) In order to facilitate the application of this Regulation, Member States should be required to provide certain information regarding their national rules and procedures concerning protection measures in civil matters within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC(7). Access to the information provided by the Member States should be made available through the European e-Justice Portal.

(36) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the forms provided for in this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers(8).

(37) The examination procedure should be used for the adoption of implementing acts establishing and subsequently amending the forms provided for in this Regulation.

(38) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure the rights of the defence and fair trial, as established in Articles 47 and 48 thereof. This Regulation should be applied according to those rights and principles.

(39) Since the objective of this Regulation, namely to establish rules for a simple and rapid mechanism for the recognition of protection measures ordered in a Member State in civil matters, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(40) In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, those Member States have notified their wish to take part in the adoption and application of this Regulation.

(41) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(42) The European Data Protection Supervisor delivered an opinion on 17 October 2011(9), based on Article 41(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(10),

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 E+W+N.I. Subject matter

This Regulation [F1 , in England and Wales or Northern Ireland,] establishes rules for a simple and rapid mechanism for the recognition of protection measures ordered in a [F2 participating Member State] in civil matters.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in Art. 1 inserted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(2)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1 substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(2)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 1 S Subject matter

This Regulation [F39 , in Scotland,] establishes rules for a simple and rapid mechanism for the recognition of protection measures ordered in a [F40 participating] Member State in civil matters.

Extent Information

E10 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F39 Words in Art. 1 inserted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(2)(a)

F40 Word in Art. 1 inserted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(2)(b)

Article 2 E+W+N.I. Scope

[F3 1. This Regulation applies where the recognition or enforcement of a protection measure in civil matters ordered by an issuing authority is sought in England and Wales or Northern Ireland.]

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. This Regulation [F5 as it has effect in EU law or as it has effect in the law of England and Wales and Northern Ireland] shall not apply to protection measures falling within the scope of Regulation (EC) No 2201/2003.

Extent Information

E2 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F3 Art. 2(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(3)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(2) omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(3)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(3) inserted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(3)(c) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 S Scope

[F41 1. This Regulation applies where the recognition or enforcement of a protection measure in civil matters ordered by an issuing authority is sought in Scotland.]

F42 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. This Regulation [F43 as it has effect in EU law or as it has effect in the law of Scotland] shall not apply to protection measures falling within the scope of Regulation (EC) No 2201/2003.

Extent Information

E11 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F41 Art. 2(1) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(3)(a)

F42 Art. 2(2) omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(3)(b)

F43 Words in Art. 2(3) inserted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(3)(c)

Article 3 E+W+N.I. Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘protection measure’ means any decision, whatever it may be called, ordered by the issuing authority of [F6 a participating Member State] in accordance with its national law and imposing one or more of the following obligations on the person causing the risk with a view to protecting another person, when the latter person’s physical or psychological integrity may be at risk:

(a)

a prohibition or regulation on entering the place where the protected person resides, works, or regularly visits or stays;

(b)

a prohibition or regulation of contact, in any form, with the protected person, including by telephone, electronic or ordinary mail, fax or any other means;

(c)

a prohibition or regulation on approaching the protected person closer than a prescribed distance;

(2)

‘protected person’ means a natural person who is the object of the protection afforded by a protection measure;

(3)

‘person causing the risk’ means a natural person on whom one or more of the obligations referred to in point (1) have been imposed;

(4)

‘issuing authority’ means any judicial authority, or any other authority designated by [F7 a participating Member State] as having competence in the matters falling within the scope of [F8 the MRP Regulation], provided that such other authority offers guarantees to the parties with regard to impartiality, and that its decisions in relation to the protection measure may, under the law of [F9 the participating Member State] in which it operates, be made subject to review by a judicial authority and have similar force and effects to those of a decision of a judicial authority on the same matter;

(5)

[F10 “participating Member State” means a Member State other than Denmark;

(5A)

“MRP Regulation” means Regulation (EU) 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters as it has effect in EU law;

(5B)

“the competent court”, in relation to the recognition or enforcement of a protection measure—

(a)

in England and Wales, means the family court, the county court or the High Court;

(b)

in Northern Ireland, means a county court or the High Court;]

(6)

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F6 Words in Art. 3(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(b)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(b)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(b)(iii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(5)-(5B) substituted for Art. 3(5) (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(c) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 3(6) omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(4)(d) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 S Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘protection measure’ means any decision, whatever it may be called, ordered by the issuing authority of [F44 a participating Member State] in accordance with its national law and imposing one or more of the following obligations on the person causing the risk with a view to protecting another person, when the latter person’s physical or psychological integrity may be at risk:

(a)

a prohibition or regulation on entering the place where the protected person resides, works, or regularly visits or stays;

(b)

a prohibition or regulation of contact, in any form, with the protected person, including by telephone, electronic or ordinary mail, fax or any other means;

(c)

a prohibition or regulation on approaching the protected person closer than a prescribed distance;

(2)

‘protected person’ means a natural person who is the object of the protection afforded by a protection measure;

(3)

‘person causing the risk’ means a natural person on whom one or more of the obligations referred to in point (1) have been imposed;

(4)

‘issuing authority’ means any judicial authority, or any other authority designated by a [F45 participating] Member State as having competence in the matters falling within the scope of [F46 the MRP Regulation], provided that such other authority offers guarantees to the parties with regard to impartiality, and that its decisions in relation to the protection measure may, under the law of the [F45 participating] Member State in which it operates, be made subject to review by a judicial authority and have similar force and effects to those of a decision of a judicial authority on the same matter;

(5)

[F47 “participating Member State” means a Member State other than Denmark;

(5A)

“MRP Regulation” means Regulation (EU) 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters as it has effect in EU law;

(5B)

“the competent court”, in relation to the recognition and enforcement of a protection measure means—

(a)

the Court of Session, or

(b)

the sheriff court.]

(6)

F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E12 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F44 Words in Art. 3(1) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(4)(a)

F45 Word in Art. 3(4) inserted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(4)(b)(i)

F46 Words in Art. 3(4) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(4)(b)(ii)

F47 Art. 3(5)-(5B) substituted for Art. 3(5) (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(4)(c)

F48 Art. 3(6) omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(4)(d)

CHAPTER II U.K. RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

Article 4 E+W+N.I. Recognition and enforcement

1. A protection measure [F12 shall be recognised by the competent court] without any special procedure being required and shall be enforceable without a declaration of enforceability being required.

[F13 2. A protected person who wishes to invoke a protection measure in England and Wales or Northern Ireland must provide the competent court with—

(a) a valid copy of the protection measure,

(b) the certificate issued in the participating Member State pursuant to Article 5 of the MRP Regulation, and

(c) where necessary, a transliteration and/or a translation of the certificate into English.]

3. The certificate shall take effect only within the limits of the enforceability of the protection measure.

4. Irrespective of whether the protection measure has a longer duration, the effects of recognition pursuant to paragraph 1 shall be limited to a period of 12 months, starting from the date of the issuing of the certificate.

5. The procedure for the enforcement of protection measures shall be governed by the law of [F14 England and Wales, or Northern Ireland (as the case may be)] .

Extent Information

E4 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F12 Words in Art. 4(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(5)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 4(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(5)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(5) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(5)(c) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 S Recognition and enforcement

1. A protection measure [F49 shall be recognised by the competent court] without any special procedure being required and shall be enforceable without a declaration of enforceability being required.

[F50 2. A protected person who wishes to invoke a protection measure in Scotland must provide the competent court with—

(a) a valid copy of the protection measure;

(b) the certificate issued by the participating Member State pursuant to Article 5 of the MRP Regulation; and

(c) where necessary, a transliteration and/or a translation of the certificate into English.]

3. The certificate shall take effect only within the limits of the enforceability of the protection measure.

4. Irrespective of whether the protection measure has a longer duration, the effects of recognition pursuant to paragraph 1 shall be limited to a period of 12 months, starting from the date of the issuing of the certificate.

[F51 5. For the purpose of enforcing a protection measure the Court of Session has the same powers, and may undertake the same procedure for enforcement, as if the protection measure was an interdict granted by the Court of Session.

For the purpose of enforcing a protection measure the sheriff court has the same powers, and may undertake the same procedure for enforcement, as if the protection measure was an interdict granted by the sheriff court.]

Extent Information

E13 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F49 Words in Art. 4(1) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(5)(a)

F50 Art. 4(2) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(5)(b)

F51 Art. 4(5) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(5)(c)

F15 F16 Article 5 U.K. Certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

F15 F16 Article 6 U.K. Requirements for the issuing of the certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

F15 F16 Article 7 U.K. Contents of the certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

F15 F16 Article 8 U.K. Notification of the certificate to the person causing the risk

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

F15 F16 Article 9 U.K. Rectification or withdrawal of the certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

F15 F16 Article 10 U.K. Assistance to the protected person

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Arts. 5-10 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(6) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Arts. 5-10 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(6)

Article 11 E+W+N.I. Adjustment of the protection measure

1. The [F17 competent court] shall, where and to the extent necessary, adjust the factual elements of the protection measure in order to give effect to the protection measure in [F18 England and Wales, or Northern Ireland (as the case may be)].

2. The procedure for the adjustment of the protection measure shall be governed by the law of [F19 England and Wales, or Northern Ireland (as the case may be)].

3. The adjustment of the protection measure shall be brought to the notice of the person causing the risk.

4. [F20 The notification shall be effected in accordance with the law of England and Wales, or Northern Ireland (as the case may be).]

Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of [F21 England and Wales, or Northern Ireland (as the case may be)].

5. An appeal against the adjustment of the protection measure may be lodged by the protected person or the person causing the risk. The appeal procedure shall be governed by the law of [F22 England and Wales, or Northern Ireland (as the case may be)]. However, the lodging of an appeal shall not have suspensive effect.

Extent Information

E5 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F17 Words in Art. 11(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(a)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 11(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(a)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 11(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 11(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(c)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 11(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(c)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 11(5) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(d) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 S Adjustment of the protection measure

1. The [F52 competent court] shall, where and to the extent necessary, adjust the factual elements of the protection measure in order to give effect to the protection measure in [F53 Scotland].

2. The procedure for the adjustment of the protection measure shall be governed by the law of [F54 Scotland] addressed.

3. The adjustment of the protection measure shall be brought to the notice of the person causing the risk.

4. [F55 The notification is to be effected in accordance with the law of Scotland.]

Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of [F56 Scotland].

5. An appeal against the adjustment of the protection measure may be lodged by the protected person or the person causing the risk. The appeal procedure shall be governed by the law of [F57 Scotland]. However, the lodging of an appeal shall not have suspensive effect.

Extent Information

E14 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F52 Words in Art. 11(1) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(a)(i)

F53 Word in Art. 11(1) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(a)(ii)

F54 Word in Art. 11(2) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(b)

F55 Words in Art. 11(4) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(c)(i)

F56 Word in Art. 11(4) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(c)(ii)

F57 Word in Art. 11(5) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(7)(d)

Article 12 E+W+N.I. No review as to substance

Under no circumstances may a protection measure F23 ... be reviewed as to its substance [F24 by the competent court].

Extent Information

E6 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F23 Words in Art. 12 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(8)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 12 substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(8)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 S No review as to substance

Under no circumstances may a protection measure F58 ... be reviewed as to its substance [F59 by the competent court] .

Extent Information

E15 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F58 Words in Art. 12 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(8)(a)

F59 Words in Art. 12 substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(8)(b)

Article 13 E+W+N.I. Refusal of recognition or enforcement

1. The recognition and, where applicable, the enforcement of the protection measure shall be refused, upon application by the person causing the risk, to the extent such recognition is:

(a) manifestly contrary to public policy in [F25 England and Wales, or Northern Ireland (as the case may be)]; or

(b) irreconcilable with a judgment given or recognised in [F26 England and Wales, or Northern Ireland (as the case may be).]

[F27 2. The application for refusal of recognition or enforcement of a protection measure must be made to the competent court.]

3. The recognition of the protection measure may not be refused on the ground that the law of [F28 England and Wales, or Northern Ireland (as the case may be)] does not allow for such a measure based on the same facts.

Extent Information

E7 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F25 Words in Art. 13(1)(a) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 13(1)(b) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 13(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(c) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 13(3) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(9)(d) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 S Refusal of recognition or enforcement

1. The recognition and, where applicable, the enforcement of the protection measure shall be refused, upon application by the person causing the risk, to the extent such recognition is:

(a) manifestly contrary to public policy F60 ...; or

(b) irreconcilable with a judgment given or recognised in [F61 Scotland].

[F62 2. The application for refusal or recognition or enforcement must be submitted to the competent court.]

3. The recognition of the protection measure may not be refused on the ground that the law of [F63 Scotland] does not allow for such a measure based on the same facts.

Extent Information

E16 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F60 Words in Art. 13(1)(a) omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(9)(a)

F61 Word in Art. 13(1)(b) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(9)(b)

F62 Art. 13(2) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(9)(c)

F63 Word in Art. 13(3) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(9)(d)

Article 14 E+W+N.I. Suspension or withdrawal of recognition or enforcement

F29 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Upon submission by the protected person or the person causing the risk of the certificate issued in accordance with [F30 Article 14(1) of the MRP Regulation], the [F31 competent court] shall suspend or withdraw the effects of the recognition and, where applicable, the enforcement of the protection measure.

Extent Information

E8 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F29 Art. 14(1) omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(10)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 14(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(10)(b)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 14(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(10)(b)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 S Suspension or withdrawal of recognition or enforcement

F64 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Upon submission by the protected person or the person causing the risk of [F65 a certificate issued in accordance with Article 14(1) of the MRP Regulation], the [F66 competent court] shall suspend or withdraw the effects of the recognition and, where applicable, the enforcement of the protection measure.

Extent Information

E17 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F64 Art. 14(1) omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(10)(a)

F65 Words in Art. 14(2) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(10)(b)(i)

F66 Words in Art. 14(2) substituted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(10)(b)(ii)

CHAPTER III U.K. GENERAL AND FINAL PROVISIONS

Article 15 E+W+N.I. Legalisation and other similar formalities

No legalisation or other similar formality shall be required for documents issued in a [F32 participating Member State] in the context of this Regulation.

Extent Information

E9 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F32 Words in Art. 15 substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(11) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 S Legalisation and other similar formalities

No legalisation or other similar formality shall be required for documents issued in a [F67 participating] Member State in the context of this Regulation.

Extent Information

E18 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F67 Word in Art. 15 inserted (S.) (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(11)

F33 F34 Article 16 U.K. Transliteration or translation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

F33 F34 Article 17 U.K. Information made available to the public

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

F33 F34 Article 18 U.K. Communication of information by the Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

F33 F34 Article 19 U.K. Establishment and subsequent amendment of the forms

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

F33 F34 Article 20 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

F33 F34 Article 21 U.K. Review

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Arts. 16-21 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(12) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Arts. 16-21 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(12)

Article 22 U.K. Entry into force

F35 F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This Regulation shall apply to protection measures ordered on or after 11 January 2015, irrespective of when proceedings have been instituted.

Textual Amendments

F35 Words in Art. 22 omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(13) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 22 omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(13)

F37 F38 ...

Done at Strasbourg, 12 June 2013.

For the European Parliament

The President

M. Schulz

For the Council

The President

L. Creighton

Textual Amendments

F37 Words in Signature omitted (E.W.N.I.) (31.12.2020) by virtue of The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(14) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Signature omitted (S.) (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 2(14)

(1)

OJ C 113, 18.4.2012, p. 56.

(2)

Position of the European Parliament of 22 May 2013 (not yet published in the Official Journal) and decision of the Council of 6 June 2013.

(3)

OJ L 315, 14.11.2012, p. 57.

(4)

OJ L 338, 21.12.2011, p. 2.

(5)

OJ L 338, 23.12.2003, p. 1.

(6)

OJ L 26, 31.1.2003, p. 41.

(7)

OJ L 174, 27.6.2001, p. 25.

(8)

OJ L 55, 28.2.2011, p. 13.

(9)

OJ C 35, 9.2.2012, p. 10.

(10)

OJ L 8, 12.1.2001, p. 1.