PART 7European Supervision Order

CHAPTER 2European supervision orders: England and Wales

Recognition of supervision measures: requests from other member States

Procedural requirements relating to decision under regulation 85(4)86

1

A magistrates' court must take a decision under regulation 85(4) as soon as possible and, in any event—

a

within 20 working days of the day on which the central authority for England and Wales receives the documents mentioned in regulation 85(2), or

b

if legal proceedings in relation to the decision on supervision measures are brought before the end of that period, within 40 working days of that day.

2

If, in exceptional circumstances, it is not possible to comply with that time limit, the magistrates' court must immediately inform the competent authority of the issuing state of—

a

that fact,

b

the reasons for the delay, and

c

the time by which it expects the decision to be taken.

3

If the magistrates' court is of the view that one or more of the grounds for refusal mentioned in paragraphs 1 to 4 of Schedule 6 may apply, it must, before taking a decision under regulation 85(4)—

a

inform the competent authority,

b

request the competent authority to supply without delay any further information required, and

c

in the case of the ground for refusal mentioned in paragraph 1 of Schedule 6, specify a reasonable period within which the certificate must be completed or corrected.

4

Where the magistrates' court specifies under paragraph (3)(c) a period within which the certificate must be completed or corrected, the decision must be taken—

a

if a completed or corrected certificate is received by the magistrates' court within the specified period, as soon as reasonably practicable after its receipt;

b

otherwise, as soon as reasonably practicable after the specified period ends.

5

In this regulation “working day” means a day other than—

a

a Saturday or Sunday,

b

Christmas Day or Good Friday, or

c

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.