The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1PART 74E+WENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Textual Amendments

F1Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8

Modifications etc. (not altering text)

C1Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

[F2VI Recognition and enforcement of protection measuresE+W

Textual Amendments

F2Pt. 74 Section 6 inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(c)

InterpretationE+W

74.34. In this Section—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)“Article 11 notice” means the notification required by Article 11 of the Protection Measures Regulation;

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;

F6(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)“person causing the risk” has the meaning given to it in the Protection Measures Regulation;

(h)“protected person” has the meaning given to it in the Protection Measures Regulation;

(i)“protection measure” has the meaning given to it in the Protection Measures Regulation;

(j)“Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.

Textual Amendments

F3Rule 74.34(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(20) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F4Rule 74.34(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(20) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F5Rule 74.34(d) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(20) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

F6Rule 74.34(f) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(20) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

Procedure for applications in this SectionE+W

74.35. Subject to the rules in this Section, applications under the Protection Measures Regulation to the County Court or to the High Court must be made in accordance with Part 23.

F7...E+W

Textual Amendments

F7Rule 74.36 cross-heading omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(21) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

Application for an Article 5 certificateE+W

F874.36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Rules 74.36-74.45 omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(22) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

The court to which an application for an Article 5 certificate must be madeE+W

F874.37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

When a request for a translation of an Article 5 certificate may be madeE+W

F874.38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The court to which a request for a translation of an Article 5 certificate must be madeE+W

F874.39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service requirements under Article 6E+W

F874.40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notification of the certificate under Article 8E+W

F874.41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rectification of an Article 5 certificateE+W

F874.42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Withdrawal of an Article 5 certificateE+W

F874.43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

When an application for an Article 14 certificate may be madeE+W

F874.44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The court to which an application for an Article 14 certificate must be madeE+W

F874.45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

INCOMING PROTECTION MEASURESE+W

Application for adjustment under Article 11E+W

74.46. A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure.

Notification of the adjustment under Article 11E+W

74.47.—(1) Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.

(2) If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.

Enforcement of an incoming protection measureE+W

74.48. F9... Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court.

Textual Amendments

F9Words in rule 74.48 omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 18 (with rule 2)

Application for refusal of recognition or enforcement under Article 13E+W

74.49. A person causing the risk may apply to the court under Article 13 of the Protection Measures Regulation for refusal of recognition or enforcement of an incoming protection measure.

Application under Article 14(2)E+W

74.50.—(1) This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than the United Kingdom or Denmark.

(2) A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.

(3) An application under this rule must include a copy of the Article 14 certificate issued in the other Member State.

(4) On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.]]