Chwilio Deddfwriaeth

The Civil Procedure Rules 1998

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Rhagor o Adnoddau

Changes over time for: Cross Heading: VI Recognition and enforcement of protection measures

 Help about opening options

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 03/10/2016.

Changes to legislation:

The Civil Procedure Rules 1998, Cross Heading: VI Recognition and enforcement of protection measures is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

[F1VI Recognition and enforcement of protection measuresE+W

InterpretationE+W

74.34.  In this Section—

(a)“Article 5 certificate” means a certificate issued under Article 5 of the Protection Measures Regulation;

(b)“Article 8 notice” means the notification required by Article 8 of the Protection Measures Regulation;

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

(d)“Article 14 certificate” means a certificate issued under Article 14 of the Protection Measures Regulation;

(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;

(f)“outgoing protection measure” means any protection measure included in any of—

(i)an injunction issued for the purpose mentioned in section 3(3)(a) of the Protection from Harassment Act 1997;

(ii)any other injunction or order of the County Court;

(iii)an undertaking accepted by the County Court;

(iv)in proceedings to which these Rules apply—

(aa)any other injunction or order of the High Court;

(bb)an undertaking accepted by the High Court;

(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.

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.

OUTGOING PROTECTION MEASURESE+W

Application for an Article 5 certificateE+W

74.36.(1) A protected person may apply for an Article 5 certificate—

(a)at the time of application for an injunction or other order containing an outgoing protection measure; or

(b)at any time after such application, provided—

(i)the order or undertaking containing the outgoing protection measure has not yet been made or accepted as the case may be; or

(ii)the outgoing protection measure is still in force.

(2) An application for an Article 5 certificate may be made without notice.

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

74.37.  An application for an Article 5 certificate must be made—

(a)where the outgoing protection measure has not yet been ordered or accepted—

(i)to the County Court if the proceedings relating to the outgoing protection measure are before the County Court; or

(ii)to the High Court if the proceedings relating to the outgoing protection measure are before the High Court; or

(b)where the outgoing protection measure has been ordered or accepted—

(i)to the County Court if that court made the order or accepted the undertaking as the case may be; or

(ii)to the High Court if that court made the order or accepted the undertaking as the case may be.

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

74.38.  A protected person may request a translation of an Article 5 certificate—

(a)at the time of application for the Article 5 certificate; or

(b)at any time after such application, provided the Article 5 certificate—

(i)has not yet been issued; or

(ii)if issued, is still in force.

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

74.39.  A request for a translation of an Article 5 certificate must be made—

(a)if the certificate has not yet been issued, to—

(i)the County Court if the application for the certificate is before the County Court;

(ii)the High Court if the application for the certificate is before the High Court;

(b)if the certificate has been issued, to—

(i)the Count Court if the County Court issued it;

(ii)the High Court if the High Court issued it.

Service requirements under Article 6E+W

74.40.(1) Where the outgoing protection measure is included in an order, the court may only issue an Article 5 certificate if satisfied that the order has been served on the person causing the risk in accordance with the requirements specified in rule 81.5, unless the court has dispensed with service of the order in accordance with the requirements specified in rule 81.8.

(2) Where the protected person is responsible for serving the order on the person causing the risk, any application for an Article 5 certificate must be accompanied by a certificate of service.

Notification of the certificate under Article 8E+W

74.41.(1) Subject to paragraph (2), Article 8 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 shall 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 8 notice must be given by sending it by registered letter with acknowledgement of receipt or confirmation of delivery or equivalent to the last known place of residence of that person.

Rectification of an Article 5 certificateE+W

74.42.(1) An application pursuant to Article 9 of the Protection Measures Regulation for rectification of an Article 5 certificate must be made to—

(a)the County Court if the County Court issued the certificate;

(b)the High Court if the High Court issued the certificate.

(2) An application for such rectification may be made by—

(a)the protected person; or

(b)the person causing the risk.

(3) An Article 5 certificate may be rectified pursuant to Article 9(1)(a) of the Protection Measures Regulation by the court—

(a)on application under this rule; or

(b)on its own initiative.

Withdrawal of an Article 5 certificateE+W

74.43.(1) An application pursuant to Article 9 of the Protection Measures Regulation for withdrawal of an Article 5 certificate must be made to—

(a)the County Court if the County Court issued the certificate;

(b)the High Court if the High Court issued the certificate.

(2) An application for such withdrawal may be made by—

(a)the protected person; or

(b)the person causing the risk.

(3) An Article 5 certificate may be withdrawn pursuant to Article 9(1)(b) of the Protection Measures Regulation by the court—

(a)on application under this rule; or

(b)on its own initiative.

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

74.44.  A protected person or person causing the risk may apply for an Article 14 certificate—

(a)at the time of application to vary or set aside the order containing the outgoing protection measure, or for acceptance of a variation or setting aside of the undertaking containing the outgoing protection measure, as the case may be;

(b)at any time after the order containing the outgoing protection measure has been varied or set aside or a variation or setting aside of the undertaking containing the outgoing protection measure has been accepted, as the case may be;

(c)at any time after an Article 5 certificate has been withdrawn under Article 9 of the Protection Measures Regulation; or

(d)on, or at any time after, the making of an order staying or suspending enforcement of the order or undertaking containing the outgoing protection measure.

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

74.45.  An application for an Article 14 certificate must be made—

(a)if the order containing the outgoing protection measure has not yet been varied or set aside or a variation or setting aside of the undertaking containing the protection measure has not yet been accepted, as the case may be, to—

(i)the County Court if the application for such variation or setting aside is before the County Court; or

(ii)the High Court if the application for such variation or setting aside is before the High Court; or

(b)if there has been an application under Article 9 of the Protection Measures Regulation for withdrawal of the Article 5 certificate, and that application has not yet been decided, to—

(i)the County Court if the application for such withdrawal is before the County Court; or

(ii)the High Court if the application for such withdrawal is before the High Court; or

(c)if the order containing the outgoing protection measure has been varied or set aside, or a variation or setting aside of the undertaking containing the outgoing protection measure has been accepted, to—

(i)the County Court if the County Court ordered or accepted such variation or setting aside, as the case may be; or

(ii)the High Court if the High Court ordered or accepted such variation or setting aside, as the case may be; or

(d)if an Article 5 certificate has been withdrawn under Article 9, to—

(i)the County Court if the County Court ordered such withdrawal;

(ii)the High Court if the High Court ordered such withdrawal; or

(e)where enforcement of the order has been stayed or suspended, to—

(i)the County Court if the County Court made the order for the stay or suspension; or

(ii)the High Court if the High Court made the order for the stay or suspension.

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.  Section II of 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.

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.]

Yn ôl i’r brig

Options/Cymorth

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open yr Offeryn Cyfan

Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open yr Offeryn Cyfan heb Atodlenni

Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.