Article 4 Recognition and enforcementE1

England, Wales and Northern Ireland

A protection measure F1shall be recognised by the competent court without any special procedure being required and shall be enforceable without a declaration of enforceability being required.

F22.

A protected person who wishes to invoke a protection measure in England and Wales or Northern Ireland must provide the competent court with—

(a)

a valid copy of the protection measure,

(b)

the certificate issued in the participating Member State pursuant to Article 5 of the MRP Regulation, and

(c)

where necessary, a transliteration and/or a translation of the certificate into English.

The certificate shall take effect only within the limits of the enforceability of the protection measure.

Irrespective of whether the protection measure has a longer duration, the effects of recognition pursuant to paragraph 1 shall be limited to a period of 12 months, starting from the date of the issuing of the certificate.

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

Annotations

Textual amendments

F1: Words in Art. 4(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(5)(a) (with reg. 1A) (as inserted by S.I. 2020/1493, regs. 1(1), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Art. 4(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(5)(b) (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. 4(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(5)(c) (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