The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014 were published on 15 December 2014.
These Regulations make provision to facilitate the application of Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (the “Protection Measures Regulation”) from 11th January 2015.
These Regulations extend to England and Wales and to Northern Ireland.
Regulation 3 confers jurisdiction on courts in England and Wales and in Northern Ireland to deal with proceedings under the Protection Measures Regulation in respect of protection measures ordered in another Member State of the European Union except Denmark (“incoming protection measures”). Jurisdiction to deal with proceedings under the Protection Measures Regulation relating to protection measures ordered in the United Kingdom, is conferred on courts in the United Kingdom directly by that Regulation. Regulation 3 also assigns business that comes to the High Court in England and Wales relating to incoming protection measures to the Family Division of the High Court. Regulation 3 also ensures that the county courts and the High Court in Northern Ireland have jurisdiction to deal with appeals from decisions made under the Protection Measures Regulation. This is required due to existing statutory provision in Northern Ireland. No similar provision is required for England and Wales.
Regulation 4 makes provision for the courts specified in regulation 3 to have equivalent powers in relation to incoming protection measures as they have in relation to protection measures made by those courts (“domestic protection measures”). In particular, the courts will have powers to enforce an incoming protection measure as if that measure were a domestic protection measure.
Regulation 5 relates to proceedings in the magistrates’ courts in Northern Ireland, including proceedings under the Protection Measures Regulation. The effect of the amendment is to ensure that these fall within scope for legal aid for legal representation in Northern Ireland in circumstances in which legal aid is required to be provided under Council Directive 2002/8/EC
of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes. Under Regulation 1(4), this amendment will only be commenced immediately after the commencement of the Schedule which it amends.
Regulation 6 makes consequential provision required to ensure that the privacy protections which apply to domestic proceedings in magistrates’ courts in Northern Ireland apply to applications to those courts under the Protection Measures Regulation.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014 are available to download here