The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

Saving provision: requests for recognition of European protection orders received but not determined before exit day

6.—(1) This regulation applies where, before exit day—

(a) a request referred to in regulation 12(1)(b) of the England and Wales EPO Regulations (requests from other member States to recognise a European protection order) was received by the central authority for England and Wales, and

(b) the decision referred to in regulation 12(4) of the England and Wales EPO Regulations was not made in relation to that request.

(2) Subject to the modifications set out in paragraph (3), the following provisions of the England and Wales EPO Regulations continue to have effect on and after exit day in relation to that request as if they had not been revoked by regulation 4—

(a) regulation 2;

(b) regulation 11;

(c) regulation 12(3) to (8);

(d) regulation 13 (giving effect in England and Wales to a European protection order);

(e) regulation 14(3) and (4) (procedural requirements relating to the making of a restraining order);

(f) the Schedule (grounds for refusal to give effect to a European protection order).

(3) The modifications are—

(a) regulation 12(6) is to be read as if—

(i) it were not subject to regulation 14, and

(ii) in sub-paragraph (a) for the words “the competent authority of the issuing State and the protected person are informed” there were substituted “the protected person is informed”;

(b) regulation 14(3) is to be read as if sub-paragraph (b) were omitted;

(c) paragraph 1 of the Schedule is to be read as if—

(i) at the end of sub-paragraph (a), “and” were omitted, and

(ii) sub-paragraph (b) were omitted.

(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued on and after exit day to be a member State.

(5) Where, by virtue of this regulation, a restraining order is made in accordance with regulation 13(2) of the England and Wales EPO Regulations on or after exit day, a magistrates’ court may vary or discharge that order—

(a) on an application made by the protected person or by a guardian or representative of that person on their behalf;

(b) on an application by the person causing danger, or

(c) of the court’s own motion.

(6) Where the magistrates’ court has exercised the power under paragraph (5), it must ensure that the following are informed of that decision—

(a) the person causing danger, and

(b) the protected person (or, where appropriate, the guardian or representative of the protected person).

(7) The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (6) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.