[F1 PART 38 E+W RECOGNITION AND ENFORCEMENT OF PROTECTION MEASURES

Textual Amendments

F1 Pt. 38 inserted (11.1.2015) by The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(2), 14 (with rule 15)

CHAPTER 1 E+W SCOPE AND INTERPRETATION OF THIS PART

Scope and interpretation E+W

38.1.— (1) This Part contains rules about the F2 ... recognition and enforcement of [F3 incoming ] protection measures F4 ....

(2) In this Part—

F5 ...

F6 ...

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

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

F7 ...

“person causing the risk” has the meaning given to it in the Protection Measures Regulation; and

“protected person” has the meaning given to it in the Protection Measures Regulation.

Textual Amendments

F2 Word in rule 38.1(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(a)(i) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in rule 38.1(1) inserted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(a)(ii) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in rule 38.1(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(a)(iii) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in rule 38.1(2) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(b)(i) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in rule 38.1(2) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(b)(ii) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in rule 38.1(2) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(2)(b)(iii) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 CHAPTER 2 E+W CERTIFICATES FOR OUTGOING PROTECTION MEASURES

Textual Amendments

F8 Pt. 38 Ch. 2 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(3) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Application for an Article 5 certificate E+W

F8 38.2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F8 38.3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F8 38.4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F8 38.5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service requirements under Article 6 E+W

F8 38.6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of the certificate under Article 8 E+W

F8 38.7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification of an Article 5 certificate E+W

F8 38.8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of an Article 5 certificate E+W

F8 38.9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

When an application for an Article 14 certificate may be made E+W

F8 38.10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F8 38.11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3 E+W INCOMING PROTECTION MEASURES

Application for adjustment under Article 11 E+W

38.12.   A protected person may apply to the court under Article 11 of the Protection Measures Regulation [F9 (as it has effect in the law of England and Wales)] to adjust the factual elements of an incoming protection measure.

Textual Amendments

F9 Words in rule 38.12 inserted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(4) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Notification of the adjustment under Article 11 E+W

38.13.— (1) Subject to paragraph (2), the court officer must give Article 11 notice to the person causing the risk by serving it in accordance with Chapter 3 of Part 6 and the rules in that Chapter apply to service of the notice as they apply to any other document to be served by a court officer.

(2) If the person causing the risk resides [F10 outside the United Kingdom], the court officer must give Article 11 notice 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.

Textual Amendments

F10 Words in rule 38.13(2) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(5) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Application for refusal of recognition or enforcement under Article 13 E+W

38.14.   An application by a person causing the risk for refusal of recognition or enforcement under Article 13 of the Protection Measures Regulation [F11 (as it has effect in the law of England and Wales)] must be made to—

(a) the family court if—

(i) there are proceedings relating to the same protection measure before the family court; or

(ii) proceedings relating to the same protection measure were dealt with by the family court;

(b) the High Court if—

(i) there are proceedings relating to the same protection measure before the High Court; or

(ii) proceedings relating to the same protection measure were dealt with by the High Court; or

(c) the family court, unless, applying rule 5.4, the application should be made to the High Court.

Textual Amendments

F11 Words in rule 38.14 inserted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(6) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Application under Article 14(2) E+W

38.15.— (1) This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than F12 ... 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 F13 ... 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.]

Textual Amendments

F12 Words in rule 38.15(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(7)(a) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in rule 38.15(3) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 21(7)(b) (with reg. 28A) (as inserted by S.I. 2020/1493, regs. 1(1), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)