The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations address deficiencies in aspects of retained EU law relating to the mutual recognition of protection measures in civil matters, to the European Protection Order, and to victims’ rights, all arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes provision in relation to Regulation (EU) No. 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters.

Regulation 2 amends that Regulation as it has effect in the law of Scotland (“the EU Regulation”). The effect of the amendments is in part to revoke those parts of the EU Regulation that provide for the issuing in Scotland of certificates that would previously have enabled persons protected by protection measures granted in Scottish Courts to apply to have those measures recognised and enforced in Member States. Those parts of the EU Regulation concerned with the recognition and enforcement in Scotland of protection measures granted in Member States are retained but amended to address deficiencies.

As regulation 2(4)(c) and (5)(c) amends the EU Regulation to include the provisions regarding the jurisdiction and powers of Scottish courts currently set out in the Civil Jurisdiction and Judgments (Protection Measures) (Scotland) Regulations 2014, regulation 3 revokes those Regulations.

In Part 3, regulation 4(1) repeals sections 254A to 254E of the Criminal Procedure (Scotland) Act 1995 which gave effect in Scotland to Directive 2011/99/EU of the European Parliament and of the Council on the European Protection Order. Regulation 4(2) and (3) provide for a consequential revocation and a consequential amendment.

Regulation 5 is a saving provision that ensures that any European Protection Order previously issued by a Scottish court continues to have effect, and that the duties placed on the court where the domestic measure on which the Order is based is modified or revoked continue to apply.

In Part 4, regulation 6 addresses a deficiency in a reference to Member States in section 3J of the Victims and Witnesses (Scotland) Act 2014. Section 3J gave effect to Article 17(2) and (3) of Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime.