CHAPTER IIRECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

Article 4Recognition 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) .

Article 4Recognition and enforcement

1.

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

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.

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.

F4F5Article 5Certificate

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F4F5Article 6Requirements for the issuing of the certificate

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F4F5Article 7Contents of the certificate

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F4F5Article 8Notification of the certificate to the person causing the risk

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F4F5Article 9Rectification or withdrawal of the certificate

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F4F5Article 10Assistance to the protected person

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Article 11Adjustment 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.

Article 11Adjustment of the protection measure

1.

The 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 Scotland.

2.

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

3.

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

4.

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 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 Scotland. However, the lodging of an appeal shall not have suspensive effect.

Article 12No review as to substance

Under no circumstances may a protection measure F12... be reviewed as to its substance F13by the competent court.

Article 12No review as to substance

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

Article 13Refusal 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.

Article 13Refusal 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 ...; or

(b)

irreconcilable with a judgment given or recognised in Scotland.

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 Scotland does not allow for such a measure based on the same facts.

Article 14Suspension or withdrawal of recognition or enforcement

F181.

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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.

Article 14Suspension or withdrawal of recognition or enforcement

1.

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2.

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