4.—(1) This regulation applies where a magistrates’ court, a county court, the Crown Court, the High Court or the Court of Appeal has made a protection measure in relation to a protected person.
(2) A magistrates’ court may make an order under this regulation where the following conditions are met.
(3) The first condition is that the protected person requests the making of a European protection order in accordance with regulation 5.
(4) The second condition is that the protection measure has not expired.
(5) The third condition is that the court is satisfied that the protected person has decided to reside or stay or is already residing or staying in a member State other than the United Kingdom (“the executing State”).
(6) When deciding whether to make an order under this regulation, a magistrates’ court must take into account—
(a)the length of the period or periods that the protected person intends to reside or stay in the executing State;
(b)the seriousness of the need for protection of the protected person while residing or staying in the executing State;
(c)such other matters as it considers appropriate.
(7) An order under this regulation may not have effect for a period longer than the period for which the protection measure has effect.
(8) An order under this regulation may not contain a prohibition or restriction of a kind not mentioned in the definition of “protection measure” in regulation 3(1).
(9) An order under this regulation is referred to in the rest of this Part as a “European protection order”.