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Zahra Pabani
Zahra Pabani
Partner - Family Law
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Mutual Recognition of Protection Measures in Civil Matters
Date:17 DEC 2018
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SI 2019/Draft: This draft enactment is laid in exercise of legislative powers under the European Union (Withdrawal) Act 2018 in preparation for Brexit. This draft enactment proposes to amend UK legislation and retained direct EU legislation in the field of the mutual recognition of protection measures in civil matters in order to address failures in retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU.

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Purpose

These draft Regulations are laid under powers in section 8(1) of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular as specified in EU(W)A 2018, s 8(2)(c)) arising from the withdrawal of the UK from the EU.

These draft Regulations are proposed to make amendments to legislation applying in England and Wales, and Northern Ireland in the field of the mutual recognition of protection measures in civil matters. (A protection measure is a court order or other legally binding decision which imposes restrictions on an individual who has caused a threat to, and on whom obligations have been imposed in respect of, another individual.)

The draft amendments provide for the continued recognition and enforcement, in England and Wales and Northern Ireland, of protection measures ordered in a Member State.

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