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The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019
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Point in time view as at 31/12/2020. This version of this chapter contains provisions that are prospective.
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There are currently no known outstanding effects for the The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019, CHAPTER 2.
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CHAPTER 2U.K.European protection orders: Northern Ireland
InterpretationU.K.
[F19. In this Chapter, “the Northern Ireland EPO Regulations” means the Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014F2.]
Textual Amendments
F1Reg. 9 substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 44
F2 S.I. 2014/320; amended by S.R. 2015 No. 353.
Commencement Information
I1Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Revocation of the Northern Ireland EPO RegulationsU.K.
10. The Northern Ireland EPO Regulations are revoked.
Commencement Information
I2Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
[F3Transitional and saving provision: requests to executing States to recognise European protection orders made in Northern IrelandU.K.
11.—(1) The following provisions of the Northern Ireland EPO Regulations continue to apply, as if they had not been revoked by regulation 10, to relevant European protection orders as defined in paragraph (2) below (and see Article 62(1)(k) of the withdrawal agreement and sections 7A and 7C of the European Union (Withdrawal) Act 2018)—
(a)regulations 1 to 4;
(b)regulation 6;
(c)regulations 9 and 10.
(2) A relevant European protection order is one received before IP completion day by the competent authority of the executing State under regulation 9(2) of the Northern Ireland EPO Regulations (notifying the executing State of the European protection order) or by any other authority of the executing State with no competence to recognise a European protection order but which forwards it to the competent authority.
(3) For the purposes of this regulation—
(a)“the competent authority” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations (interpretation - general);
(b)“the executing State” has the same meaning as in regulation 3(2) and 4(5) of the Northern Ireland EPO Regulations (interpretation – Part 2 and power of a court to make a European protection order);
(c)the provisions of the Northern Ireland EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.]
Textual Amendments
F3Reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 45
Commencement Information
I3Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
[F4Transitional and saving provision: recognition by Northern Ireland of European protection orders made by issuing StatesU.K.
12.—(1) The following provisions of the Northern Ireland EPO Regulations continue to apply, as if they had not been revoked by regulation 10, to relevant European protection orders as defined in paragraph (2) below—
(a)regulations 1 and 2;
(b)regulations 11 to 14;
(c)regulations 16 to 19;
(d)the Schedule (grounds for refusal to give effect to a European protection order).
(2) A relevant European protection order is one received from the issuing State before IP completion day by the central authority for Northern Ireland under regulation 12(2) of the Northern Ireland EPO Regulations (requests from other member States to recognise a European protection order), or by any other authority of Northern Ireland with no competence to recognise a European protection order but which forwards it to the central authority.
(3) For the purposes of this regulation—
(a)“the central authority for Northern Ireland” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations;
(b)“the issuing State” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations;
(c)the provisions of the Northern Ireland EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.]
Textual Amendments
F4Reg. 12 substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 46
Commencement Information
I4Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Prospective
Saving provision: European protection order modifications communicated, but not given effect to, before exit dayU.K.
F513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Reg. 13 omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 47
Prospective
Saving provision: European protection order revocation notifications made, but not given effect to, before exit dayU.K.
F614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Reg. 14 omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 47
Consequential revocationU.K.
15. The Criminal Justice (European Protection Order) (Amendment) Regulations (Northern Ireland) 2015 M1 are revoked.
Commencement Information
I5Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M1S.R. 2015 No. 353.
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