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Rule 12.58 Interpretation

(1)

In this section —

  • F1...

  • “Contracting State” means a State party to the 1996 Hague Convention;

  • F2“domestic Central Authority” means—

    1. (a)

      F3...

    2. (b)

      where the matter relates to the 1996 Hague Convention in England, the Lord Chancellor;

    3. (c)

      where the matter relates to the 1996 Hague Convention in Wales, the Welsh Ministers;

  • F4...

  • F5...

  • “parental responsibility” has the meaning given in —

    1. (a)

      F6...

    2. (b)

      Article 1(2) of the 1996 Hague Convention in relation to proceedings under that Convention; F7...

  • ...

(2)

In rules 12.59 to 12.70, references to the court of another F8... Contracting State include F9...authorities of Contracting States which have jurisdiction to take measures directed to the protection of the person or property of the child within the meaning of the 1996 Hague Convention.

Annotations

Textual amendments

F1

Words in rule 12.58 omitted (30.9.2012) by virtue of The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 4(a)

F2

Words in rule 12.58 inserted (30.9.2012) by The Family Procedure (Amendment No. 3) Rules 2012 (S.I. 2012/2046), rules 1, 4(b)

F3

Words in rule 12.58(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(a)(i) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in rule 12.58(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(a)(ii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in rule 12.58(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(a)(iii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in rule 12.58(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(a)(iv) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in rule 12.58(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(a)(v) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in rule 12.58(2) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(b)(i) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in rule 12.58(2) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(8)(b)(ii) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 12

Textual amendments

F1

Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)

Notes on Chapter 6

Textual amendments

F1

Words in Pt. 12 Ch. 6 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(5) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Applications relating to ... the 1996 Hague Convention

Textual amendments

F1

Words in Pt. 12 Ch. 6 Section 2 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 9(7) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)