The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/1898

2010 No. 1898

Children And Young Persons

The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Made 23th July 2010

Laid before Parliament 26th July 2010

Coming into force in accordance with regulation 1(2)

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to private international law2, makes the following Regulations in exercise of the power under section 2(2) of the European Communities Act 1972:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010.

(2) These Regulations come into force on the day on which the Convention enters into force for the United Kingdom, which date will be notified in the London, Edinburgh and Belfast Gazettes.

(3) These Regulations extend to England and Wales and Northern Ireland.

S-2 Interpretation

Interpretation

2. In these Regulations—

“Central Authority” has the meaning given by regulation 9(1);

“Contracting State” means a state party to the Convention;

“the Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 19963;

“the Council Regulation” means Council Regulation (EC) No. 2201/20034concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility;

“Department of Justice” means the Department of Justice in Northern Ireland;

“local authority” means—

(a) in relation to England, the council of a county, a metropolitan district, the Council of the Isles of Scilly, a London borough or the Common Council of the City of London, and

(b) in relation to Wales, the council of a county or a county borough;

“member State” means a member State of the European Union which is bound by the Council Regulation;

“Northern Ireland authority” means an authority within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 19955;

“public authority” means a body whose functions are wholly or mainly of a public nature;

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 20046.

S-3 Power of court to remove stay under Article 8

Power of court to remove stay under Article 8

3.—(1) This regulation applies where—

(a)

(a) a court has exercised its power under Article 8 of the Convention to request an authority of another Contracting State to assume jurisdiction in relation to an application,

(b)

(b) the court has stayed proceedings on the application, and

(c)

(c) Part 1 of the Family Law Act 19867does not apply in relation to the application.

(2) The court may remove a stay granted in order for it to exercise its powers under Article 8 of the Convention, and withdraw any request made by it under that Article to an authority in another Contracting State to assume jurisdiction, if—

(a)

(a) the authority in the other Contracting State does not assume jurisdiction within the period for which the court granted the stay, or

(b)

(b) the parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.

S-4 Local authorities and Northern Ireland authorities: application to court to make request under Article 9

Local authorities and Northern Ireland authorities: application to court to make request under Article 9

4.—(1) This regulation applies where—

(a)

(a) either—

(i) a local authority in England and Wales wishes to make an application in respect of a child under section 31 of the Children Act 19898(care and supervision orders), or

(ii) a Northern Ireland authority wishes to make an application in respect of a child under Article 50 of the Children (Northern Ireland) Order 1995 (care and supervision orders), and

(b)

(b) the authorities of another Contracting State have jurisdiction in respect of the child under the Convention.

(2) The local authority or Northern Ireland authority must make an application to the High Court, requesting the court to exercise its power under Article 9 of the Convention (request to competent authority of the Contracting State of the habitual residence of the child for authorisation to exercise jurisdiction).

S-5 Local authorities: application for interim care order or supervision order

Local authorities: application for interim care order or supervision order

5.—(1) This regulation applies where—

(a)

(a) a local authority in England and Wales thinks that the conditions in section 31(2)(a) and (b) of the Children Act 1989 (threshold for care and supervision orders) apply in relation to a child, and

(b)

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention (measures of protection in cases of urgency),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of the Council Regulation (provisional and protective measures).

(2) Where this regulation applies, section 38 of the Children Act 1989 (interim orders) has effect as if—

(a)

(a) for subsection (1)(a) and (b) there were substituted—

“(a)

“(a) a local authority makes an application for an interim care order or interim supervision order in relation to a child, and

(b)

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of Council Regulation (EC) No. 2201/2003concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (provisional and protective measures) (“the Council Regulation”),”,

(b)

(b) subsection (3) were omitted,

(c)

(c) in subsection (4)(b) the words “in the same proceedings” were omitted, and

(d)

(d) for subsection (4)(c) to (e) there were substituted—

“(c)

“(c) in a case which falls within subsection (1)(b)(i) or (ii), when—

(i) the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or

(ii) measures taken by the authorities of another State are recognised in England and Wales;

(d)

(d) in a case which falls within subsection (1)(b)(iii), when the court of the member State with jurisdiction under the Council Regulation has taken the measures it considers appropriate.”.

(3) Where this regulation applies—

(a)

(a) section 31 of the Children Act 1989 (care and supervision orders) has effect as if, in section 31(3A), after “care order” there were inserted the words “, other than an interim care order,”

(b)

(b) section 31A of that Act (care plans) has effect as if subsection (5) were omitted, and

(c)

(c) section 41 of that Act (representation of child’s interests) has effect as if in subsection (6) there were included a reference to an application for an interim care order or interim supervision order by virtue of this regulation.

S-6 Northern Ireland authorities: application for interim care order or supervision order

Northern Ireland authorities: application for interim care order or supervision order

6.—(1) This regulation applies where—

(a)

(a) a Northern Ireland authority thinks that the conditions in Article 50(2)(a) and (b) of the Children (Northern Ireland) Order 1995 (threshold for care and supervision orders) are met, and

(b)

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention (measures of protection in cases of urgency),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of the Council Regulation (provisional and protective measures).

(2) Where this regulation applies, Article 57 of the Children (Northern Ireland) Order 1995 has effect as if—

(a)

(a) for paragraph (1)(a) and (b) there were substituted—

“(a)

“(a) an authority makes an application for an interim care order or interim supervision order in relation to a child, and

(b)

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),

(ii) Article 12 of the Convention (measures of a provisional character), or

(iii) Article 20 of Council Regulation (EC) No. 2201/2003concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (provisional and protective measures) (“the Council Regulation”),”,

(b)

(b) paragraph (3) were omitted,

(c)

(c) in paragraph (4)(b) the words “in the same proceedings” were omitted, and

(d)

(d) for paragraph (4)(c) to (e) there were substituted—

“(c)

“(c) in a case which falls within subsection (1)(b)(i) or (ii), when—

(i) the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or

(ii) measures taken by the authorities of another State are recognised in Northern Ireland;

(d)

(d) in a case which falls within subsection (1)(b)(iii), when the court of the member State with jurisdiction under the Council Regulation has taken the measures it considers appropriate.”.

(3) Where this...

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