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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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7 provisions
Title and introductory text
2014 No. 3298
Judgments, England And Wales
Judgments, Northern Ireland
The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014
Made
15th December 2014
Laid before Parliament
18th December 2014
Coming into force in accordance with Regulation 1
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to private international law, makes the following Regulations in exercise of the power under section 2(2) of the European Communities Act 1972.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014.
(2) An amendment made by these Regulations has the same extent as the enactment amended.
(3) Otherwise, these Regulations extend to England and Wales and to Northern Ireland.
(4) These Regulations come into force on 11th January 2015, with the exception of regulation 5, which comes into force immediately after Article 12(5) of the Access to Justice (Northern Ireland) Order 2003 (the “2003 Order”) comes into force.
Propose a change2 Interpretation
In these Regulations—
“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than ... Denmark;
“protection measure” has the meaning given by Article 3 of the Protection Measures Regulation;
“Protection Measures Regulation” means 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.
Propose a change3 Jurisdiction in relation to incoming protection measures
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In Schedule 1 to the Senior Courts Act 1981, in paragraph 3 (Family Division), at the end insert—
(l) proceedings under 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, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a Member State other than the United Kingdom.
.
(4) Except where an appeal may be brought under section 44 of the Judicature (Northern Ireland) Act 1978, an appeal against a decision made under the Protection Measures Regulation by a court in Northern Ireland (“the decision”) must be brought in—
(a) the High Court, where the decision was made by a county court;
(b) a county court, where the decision was made by a court of summary jurisdiction.
(5) An appeal to the High Court by virtue of paragraph (4) is brought as if the decision had been made in the exercise of the jurisdiction conferred by Part III of the County Courts (Northern Ireland) Order1980, and Article 60 of that Order applies accordingly.
(6) On an appeal by virtue of paragraph (4), the appellate court may make—
(a) any order which is necessary to give effect to its determination of the appeal; and
(b) any incidental or consequential order as appears to it to be just.
Propose a change4 Enforcement of incoming protection measures
For the purposes of the enforcement of an incoming protection measure by a court specified by regulation 3(2) (“the enforcing court”)—
(a) the incoming protection measure has the same force and effect,
(b) the enforcing court has the same powers, and
(c) proceedings for or with respect to enforcement may be taken,
as if the incoming protection measure were a protection measure ordered by the enforcing court.
Propose a change5 Legal representation in respect of certain proceedings in Northern Ireland
In paragraph 2(d) of Schedule 2 to the 2003 Order, after paragraph (xix) insert—
(xx) in circumstances in which representation is required to be provided under Council Directive 2002/8/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;
.
Propose a change6 Consequential amendments
In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (nature of domestic proceedings), after paragraph (di), insert—
(dj) under 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;
.
Propose a change