http://www.legislation.gov.uk/eur/2013/606/chapter/IIRegulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil mattersRegulation (EU) No 606/2013 of the European Parliament and of the CouncilRegulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil mattersKing's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R0606texttext/xmlen2022-09-10Expert Participation2022-12-01 CHAPTER II<Strong>RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES</Strong>Recognition and enforcementArticle 41A 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.2A protected person who wishes to invoke a protection measure in England and Wales or Northern Ireland must provide the competent court with—aa valid copy of the protection measure,bthe certificate issued in the participating Member State pursuant to Article 5 of the MRP Regulation, andcwhere necessary, a transliteration and/or a translation of the certificate into English.3The certificate shall take effect only within the limits of the enforceability of the protection measure.4Irrespective 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.5The procedure for the enforcement of protection measures shall be governed by the law of England and Wales, or Northern Ireland (as the case may be) .CertificateArticle 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Requirements for the issuing of the certificateArticle 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Contents of the certificateArticle 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Notification of the certificate to the person causing the riskArticle 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rectification or withdrawal of the certificateArticle 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Assistance to the protected personArticle 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Adjustment of the protection measureArticle 111The 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 England and Wales, or Northern Ireland (as the case may be).2The procedure for the adjustment of the protection measure shall be governed by the law of England and Wales, or Northern Ireland (as the case may be).3The adjustment of the protection measure shall be brought to the notice of the person causing the risk.4 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 England and Wales, or Northern Ireland (as the case may be).5An 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 England and Wales, or Northern Ireland (as the case may be). However, the lodging of an appeal shall not have suspensive effect.No review as to substanceArticle 12Under no circumstances may a protection measure ... be reviewed as to its substance by the competent court.Refusal of recognition or enforcementArticle 131The 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:amanifestly contrary to public policy in England and Wales, or Northern Ireland (as the case may be); orbirreconcilable with a judgment given or recognised in England and Wales, or Northern Ireland (as the case may be). 2The application for refusal of recognition or enforcement of a protection measure must be made to the competent court.3The recognition of the protection measure may not be refused on the ground that the law of England and Wales, or Northern Ireland (as the case may be) does not allow for such a measure based on the same facts.Suspension or withdrawal of recognition or enforcementArticle 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Upon submission by the protected person or the person causing the risk of the 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.Recognition and enforcementArticle 41A 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.2A protected person who wishes to invoke a protection measure in Scotland must provide the competent court with—aa valid copy of the protection measure;bthe certificate issued by the participating Member State pursuant to Article 5 of the MRP Regulation; andcwhere necessary, a transliteration and/or a translation of the certificate into English.3The certificate shall take effect only within the limits of the enforceability of the protection measure.4Irrespective 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.5For 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.Adjustment of the protection measureArticle 111The 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.2The procedure for the adjustment of the protection measure shall be governed by the law of Scotland addressed.3The 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.5An 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.No review as to substanceArticle 12Under no circumstances may a protection measure ... be reviewed as to its substance by the competent court .Refusal of recognition or enforcementArticle 131The 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:amanifestly contrary to public policy ...; orbirreconcilable with a judgment given or recognised in Scotland.2The application for refusal or recognition or enforcement must be submitted to the competent court.3The 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.Suspension or withdrawal of recognition or enforcementArticle 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Upon 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.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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland onlyThis version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland onlyThis version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland onlyThis version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland onlyThis version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland onlyThis version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland onlyArts. 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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)