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There are currently no known outstanding effects for the The Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014, Paragraph 3.
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3.—(1) This paragraph applies when the Scottish central authority receives a request for recognition by a competent authority in Scotland of a decision on supervision measures from the central authority or competent authority in a member State other than the United Kingdom.
(2) If the request is not accompanied by the required documents, the Scottish central authority must advise the central authority or competent authority in the issuing State that the request will not be dealt with in Scotland unless the required documents accompany it.
(3) If the request is accompanied by the required documents but it relates to a part of the United Kingdom other than Scotland, the Scottish central authority must—
(a)send those documents to—
(i)the Lord Chancellor, if the request relates to England and Wales; or
(ii)the Department of Justice in Northern Ireland, if the request relates to Northern Ireland; and
(b)inform the central authority or competent authority in the issuing State what has been done under head (a).
(4) If the request is accompanied by the required documents and it relates to Scotland, the Scottish central authority must send copies of those documents to the appropriate sheriff court.
(5) For the purposes of sub-paragraphs (3) and (4)—
(a)the part of the United Kingdom to which a request relates is the part of the United Kingdom in which lies—
(i)if one of the supervision measures contained in the decision is an obligation to inform a person in the United Kingdom should the person to whom the decision relates cease to reside at a specified United Kingdom address, that specified address;
(ii)if no address is specified as mentioned in sub-head (i), the address specified in the certificate mentioned in sub-paragraph (7)(b) as being the United Kingdom address or residence of the person to whom the decision on supervision measures relates;
(b)if more than one address or residence is specified as mentioned in head (a)(ii), only the one which appears first in the certificate is to be taken into account.
(6) For the purpose of sub-paragraph (4), the appropriate sheriff court is any sheriff court in the sheriffdom which encompasses the address that is identified in accordance with sub-paragraph (5) for the purpose of determining the part of the United Kingdom to which the request relates.
(7) The required documents referred to in sub-paragraphs (2) to (4) are—
(a)either—
(i)the original of the decision on supervision measures; or
(ii)a copy of it;
(b)a certificate in the form set out in Annex I to the Framework Decision that is signed, and the contents of which are certified as accurate, by the competent authority in the issuing State; and
(c)if the certificate is not in English, a copy of it translated into English.
Commencement Information
I1Sch. 2 para. 3 in force at 1.12.2014, see reg. 1
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