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PART 3EUROPEAN PROTECTION ORDERS

CHAPTER 1European protection orders: England and Wales

InterpretationF13.

In this Chapter, “the England and Wales EPO Regulations” means the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 F2.

Revocation of the England and Wales EPO Regulations4.

The England and Wales EPO Regulations are revoked.

F3Transitional and saving provision: requests to executing States to recognise European protection orders made in England and Wales5.

(1)

The following provisions of the England and Wales EPO Regulations continue to apply, as if they had not been revoked by regulation 4, to relevant European protection orders as defined in paragraph (2) below (and see Article 62(1)(k) of the withdrawal agreement and sections 7A and 7C of the European Union (Withdrawal) Act 2018)—

(a)

regulations 1 to 4;

(b)

regulation 6;

(c)

regulations 9 and 10.

(2)

A relevant European protection order is one received before IP completion day by the competent authority of the executing State under regulation 9(2) of the England and Wales EPO Regulations (notifying the executing State of the European protection order), or by any other authority of the executing State with no competence to recognise a European protection order but which forwards it to the competent authority.

(3)

For the purposes of this regulation—

(a)

“the competent authority” has the same meaning as in regulation 2(1) of the England and Wales EPO Regulations (interpretation – general);

(b)

“the executing State” has the same meaning as in regulations 3(2) and 4(5) of the England and Wales EPO Regulations (interpretation – Part 2 and power of a court to make a European protection order);

(c)

the provisions of the England and Wales EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.

F4Transitional and saving provision: recognition by England and Wales of European protection orders made by issuing States6.

(1)

(a)

regulations 1 and 2;

(b)

regulations 11 to 14;

(c)

regulations 16 to 19;

(d)

the Schedule (grounds for refusal to give effect to a European protection order).

(2)

A relevant European protection order is one received from the issuing state before IP completion day by the central authority for England and Wales under regulation 12(2) of the England and Wales EPO Regulations (requests from other member States to recognise a European protection order), or any other authority of England and Wales with no competence to recognise a European protection order but which forwards it to the central authority.

(3)

For the purposes of this regulation—

(a)

“the central authority for England and Wales” has the same meaning as in regulation 2(1) of the England and Wales EPO Regulations;

(b)

“the issuing State” has the same meaning as in regulations 11(2) and 12(1) of the England and Wales EPO Regulations (interpretation – Part 3 and the Schedule);

(c)

the provisions of the England and Wales EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.

Saving provision: European protection order modifications communicated, but not given effect to, before exit dayF57.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving provision: European protection order revocation notifications made, but not given effect to, before exit dayF68.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2European protection orders: Northern Ireland

InterpretationF79.

In this Chapter, “the Northern Ireland EPO Regulations” means the Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014F8.

Revocation of the Northern Ireland EPO Regulations10.

The Northern Ireland EPO Regulations are revoked.

F9Transitional and saving provision: requests to executing States to recognise European protection orders made in Northern Ireland11.

(1)

The following provisions of the Northern Ireland EPO Regulations continue to apply, as if they had not been revoked by regulation 10, to relevant European protection orders as defined in paragraph (2) below (and see Article 62(1)(k) of the withdrawal agreement and sections 7A and 7C of the European Union (Withdrawal) Act 2018)—

(a)

regulations 1 to 4;

(b)

regulation 6;

(c)

regulations 9 and 10.

(2)

A relevant European protection order is one received before IP completion day by the competent authority of the executing State under regulation 9(2) of the Northern Ireland EPO Regulations (notifying the executing State of the European protection order) or by any other authority of the executing State with no competence to recognise a European protection order but which forwards it to the competent authority.

(3)

For the purposes of this regulation—

(a)

“the competent authority” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations (interpretation – general);

(b)

“the executing State” has the same meaning as in regulation 3(2) and 4(5) of the Northern Ireland EPO Regulations (interpretation – Part 2 and power of a court to make a European protection order);

(c)

the provisions of the Northern Ireland EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.

F10Transitional and saving provision: recognition by Northern Ireland of European protection orders made by issuing States12.

(1)

(a)

regulations 1 and 2;

(b)

regulations 11 to 14;

(c)

regulations 16 to 19;

(d)

the Schedule (grounds for refusal to give effect to a European protection order).

(2)

A relevant European protection order is one received from the issuing State before IP completion day by the central authority for Northern Ireland under regulation 12(2) of the Northern Ireland EPO Regulations (requests from other member States to recognise a European protection order), or by any other authority of Northern Ireland with no competence to recognise a European protection order but which forwards it to the central authority.

(3)

For the purposes of this regulation—

(a)

“the central authority for Northern Ireland” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations;

(b)

“the issuing State” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations;

(c)

the provisions of the Northern Ireland EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.

Saving provision: European protection order modifications communicated, but not given effect to, before exit dayF1113.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving provision: European protection order revocation notifications made, but not given effect to, before exit dayF1214.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential revocation15.

The Criminal Justice (European Protection Order) (Amendment) Regulations (Northern Ireland) 2015 M1 are revoked.