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

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 [F12 , in Scotland,] establishes rules for a simple and rapid mechanism for the recognition of protection measures ordered in a [F13 participating] Member State in civil matters.

Extent Information

E4 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

F12 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)

F13 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

[F14 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.]

F15 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. This Regulation [F16 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

E5 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

F14 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)

F15 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)

F16 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 [F17 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 [F18 participating] Member State as having competence in the matters falling within the scope of [F19 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 [F18 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)

[F20 “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)

F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E6 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

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)