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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
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CHAPTER IIU.K.RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES
Article 4E+W+N.I.Recognition and enforcement
1.A protection measure [F1shall be recognised by the competent court] without any special procedure being required and shall be enforceable without a declaration of enforceability being required.
[F22.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 [F3England and Wales, or Northern Ireland (as the case may be)] .
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Words 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)
F2Art. 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)
F3Words 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 4SRecognition and enforcement
1.A protection measure [F21shall be recognised by the competent court] without any special procedure being required and shall be enforceable without a declaration of enforceability being required.
[F222.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.
[F235.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
E6This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F21Words 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)
F4F5Article 5U.K.Certificate
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
F4F5Article 6U.K.Requirements for the issuing of the certificate
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
F4F5Article 7U.K.Contents of the certificate
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
F4F5Article 8U.K.Notification of the certificate to the person causing the risk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
F4F5Article 9U.K.Rectification or withdrawal of the certificate
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
F4F5Article 10U.K.Assistance to the protected person
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Arts. 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)
Article 11E+W+N.I.Adjustment of the protection measure
1.The [F6competent 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 [F7England 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 [F8England 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.[F9The 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 [F10England 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 [F11England and Wales, or Northern Ireland (as the case may be)]. However, the lodging of an appeal shall not have suspensive effect.
Extent Information
E2This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F6Words 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Words 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)
F11Words 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 11SAdjustment of the protection measure
1.The [F24competent 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 [F25Scotland].
2.The procedure for the adjustment of the protection measure shall be governed by the law of [F26Scotland] addressed.
3.The adjustment of the protection measure shall be brought to the notice of the person causing the risk.
4.[F27The 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 [F28Scotland].
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 [F29Scotland]. However, the lodging of an appeal shall not have suspensive effect.
Extent Information
E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F24Words 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)
F25Word 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)
F26Word 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)
F27Words 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)
F28Word 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)
F29Word 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 12E+W+N.I.No review as to substance
Under no circumstances may a protection measure F12... be reviewed as to its substance [F13by the competent court].
Extent Information
E3This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F12Words 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)
F13Words 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 12SNo review as to substance
Under no circumstances may a protection measure F30... be reviewed as to its substance [F31by the competent court] .
Extent Information
E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F30Words 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)
F31Words 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 13E+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 [F14England and Wales, or Northern Ireland (as the case may be)]; or
(b)irreconcilable with a judgment given or recognised in [F15England and Wales, or Northern Ireland (as the case may be).]
[F162.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 [F17England and Wales, or Northern Ireland (as the case may be)] does not allow for such a measure based on the same facts.
Extent Information
E4This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F14Words 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)
F15Words 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)
F16Art. 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)
F17Words 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 13SRefusal 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 F32...; or
(b)irreconcilable with a judgment given or recognised in [F33Scotland].
[F342.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 [F35Scotland] does not allow for such a measure based on the same facts.
Extent Information
E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F32Words 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)
F33Word 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)
F34Art. 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)
F35Word 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 14E+W+N.I.Suspension or withdrawal of recognition or enforcement
F181.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Upon submission by the protected person or the person causing the risk of the certificate issued in accordance with [F19Article 14(1) of the MRP Regulation], the [F20competent court] shall suspend or withdraw the effects of the recognition and, where applicable, the enforcement of the protection measure.
Extent Information
E5This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F18Art. 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)
F19Words 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)
F20Words 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 14SSuspension or withdrawal of recognition or enforcement
F361.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Upon submission by the protected person or the person causing the risk of [F37a certificate issued in accordance with Article 14(1) of the MRP Regulation], the [F38competent court] shall suspend or withdraw the effects of the recognition and, where applicable, the enforcement of the protection measure.
Extent Information
E10This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F36Art. 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)
F37Words 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)
F38Words 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)
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