Regulation 42 Amendment of saving provision: requests for recognition of European protection orders received before exit day

For regulation 6 (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 England and Wales of European protection orders made by issuing States

6.

(1)

The following provisions of the England and Wales EPO Regulations continue to apply, as if they had not been revoked by regulation 4, to relevant European protection orders as defined in paragraph (2) below—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 England and Wales under regulation 12(2) of the England and Wales EPO Regulations (requests from other member States to recognise a European protection order), or any other authority of England and Wales 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 England and Wales” has the same meaning as in regulation 2(1) of the England and Wales EPO Regulations;

(b)

“the issuing State” has the same meaning as in regulations 11(2) and 12(1) of the England and Wales EPO Regulations (interpretation – Part 3 and the Schedule);

(c)

the provisions of the England and Wales EPO Regulations referred to in paragraph (1) are to be read as if the term “member State” included the United Kingdom.”.