Legislation – The Criminal Justice (Amendment ) (EU Exit) Regulations 2019
PART 3EUROPEAN PROTECTION ORDERS
CHAPTER 2European protection orders: Northern Ireland
Transitional and saving provision: restraining orders made before exit day11.
(1)
A relevant restraining order that was made before exit day continues to have effect on and after exit day as if the Northern Ireland EPO Regulations had not been revoked by regulation 10.
(2)
Where a relevant restraining order was made before exit day, a magistrates’ court may vary or discharge that order on or after exit day—
(a)
on an application made by the protected person or by a guardian or representative of that person on their behalf;
(b)
on an application by the person causing danger, or
(c)
of the court’s own motion.
(3)
Where the magistrates’ court has exercised the power under paragraph (1), it must ensure that the following are informed of that decision—
(a)
the person causing danger, and
(b)
the protected person (or, where appropriate, the guardian or representative of the protected person).
(4)
The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (2) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.
(5)
For the purposes of this regulation, “a relevant restraining order” is a restraining order that was—
(a)
made in accordance with regulation 13(2) of the Northern Ireland EPO Regulations (giving effect in Northern Ireland to a European protection order), or
(b)
varied in accordance with regulation 17(6) of those Regulations (giving effect to a modified order).
(6)
For the purposes of this regulation, the following provisions of the Northern Ireland EPO Regulations continue to have effect on and after exit day as if they had not been revoked by regulation 10—
(a)
regulation 2;
(b)
regulation 11.