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.