The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Requests for information by Central Authority where request received under Article 31(c) E+W+N.I.

10.—(1) Paragraphs (2), (3) and (4) apply if a Central Authority receives a request for assistance under Article 31(c) of the Convention (either directly or via another Central Authority in the United Kingdom).

(2) The Lord Chancellor may request information about the whereabouts of a child from—

(a) a local authority in England, or

(b) the Secretary of State.

(3) The Welsh Ministers may request information about the whereabouts of a child from—

(a) a local authority in Wales,

(b) a Local Health Board (within the meaning given by section 11 of the National Health Service (Wales) Act 2006(1)), or

(c) an NHS Trust (within the meaning given by section 18 of that Act).

(4) The Department of Justice may request information about the whereabouts of a child from a public authority in Northern Ireland, but may do so only in circumstances where a requirement to provide information could be imposed on the public authority by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998(2)).

(5) A person (other than a court in Northern Ireland) who receives a request for information under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (6)).

(6) Nothing in this regulation requires a person to disclose information if—

(a) Article 37 of the Convention applies, or

(b) the disclosure would constitute contempt of court or a criminal offence.

(7) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.

(8) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.

Commencement Information

I1 Reg. 10 in force at 1.11.2012 in accordance with, see reg. 1(2)

(1)

2006, c. 42.

(2)

1998 c. 47.