PART 3 Amendments of the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

Chapter 2 European Protection Orders: Northern Ireland

Amendment of saving provision: requests for recognition of European protection orders received before exit day

46.  For regulation 12 (saving provision: requests for recognition of European protection orders received but not determined before exit day), including its heading, substitute—

“Transitional and saving provision: recognition by Northern Ireland of European protection orders made by issuing States

12.— (1) The following provisions of the Northern Ireland EPO Regulations continue to apply, as if they had not been revoked by regulation 10, to relevant European protection orders as defined in paragraph (2) below—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.”.