OpenLegislation

Article 11 Adjustment of the protection measureE1

England, Wales and Northern Ireland

Original text. Later amendments are not shown.

1.

The F1competent court shall, where and to the extent necessary, adjust the factual elements of the protection measure in order to give effect to the protection measure in F2England and Wales, or Northern Ireland (as the case may be).

2.

The procedure for the adjustment of the protection measure shall be governed by the law of F3England and Wales, or Northern Ireland (as the case may be).

3.

The adjustment of the protection measure shall be brought to the notice of the person causing the risk.

4.

F4The notification shall be effected in accordance with the law of England and Wales, or Northern Ireland (as the case may be).

Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of F5England and Wales, or Northern Ireland (as the case may be).

5.

An appeal against the adjustment of the protection measure may be lodged by the protected person or the person causing the risk. The appeal procedure shall be governed by the law of F6England and Wales, or Northern Ireland (as the case may be). However, the lodging of an appeal shall not have suspensive effect.

Annotations

Textual amendments

F1

Words in Art. 11(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(a)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 11(1) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(a)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 11(2) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(b) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 11(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(c)(i) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 11(4) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(c)(ii) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 11(5) substituted (E.W.N.I.) (31.12.2020) by The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), regs. 1(1), 5(7)(d) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only