EUROPEAN PROTECTION MEASURES IN CIVIL MATTERS [ S.L.460.30 1 SUBSIDIARY LEGISLATION 460.30 EUROPEAN PROTECTION MEASURES IN CIVIL MATTERS ORDER 3rd October, 2014 LEGAL NOTICE 360 of 2014. 1.
(1)The title of this Order is the European Protection Measures in Civil Matters Order. Citation and scope.
(2)This Order implements the relevant provisions of Council Regulation (EU) No 606/2013 of 12 June 2013 on mutual recognition of protection measures in civil matters. 2. In this Order, unless the context otherwise requires: Interpretation. "the Court" means the Civil Court (Family Section); "the Director" means the Director, Civil Courts and Tribunals; "the EU Regulation" means Council Regulation (EU) No 606/ 2013 of 12 June 2013 on mutual recognition of protection measures in civil matters; "Member State of origin" means the Member State in which the protection measure is ordered; "person causing the risk" means a natural person on whom one or more of the obligations referred to under the definition "protection measure" have been imposed; "protection measure" means any decision issued by the Civil Court (Family Section) whereby the said Court imposes one or more of the following obligations on the person causing the risk with a view to protect another person, when the latter person’s physical or psychological integrity may be at risk: (
- a)a prohibition or regulation on entering the place where the protected person resides, works or regularly visits or stays; (
- b)a prohibition or regulation of contact, in any form, with the protected person, including by telephone, electronic or ordinary mail, fax or any other means; (
- c)a prohibition or regulation on approaching the protected person closer than at a prescribed distance; "protected person" means a natural person who is the object of the protection afforded by a protection measure. 3. The functions under the EU Regulation shall be discharged by the Director who shall receive the certificate for enforceability of protection measures ordered in the Member State of origin, a copy of the protection measure and a translation of the certificate under Article 4
(2)of the EU Regulation. 4.
(1)The Court shall, upon request by the protected person, Central authority. Certificate. 2 [ S.L.460.30 EUROPEAN PROTECTION MEASURES IN CIVIL MATTERS issue the certificate using the multilingual standard form established in accordance with Article 19 of the EU Regulation.
(2)The Court shall order notification to the person causing the risk referred to in the certificate issued, together with the fact that the issuing of the certificate results in the recognition and, where applicable, in the enforceability of the protection measure in all Member States. Rectification or withdrawal of the certificate. 5.
(1)Upon an application before the Court by the protected person or the person causing the risk, the certificate shall: (
- a)be rectified where, due to a clerical error, there is a discrepancy between the protection measure and the certificate, or (
- b)withdrawn where it was clearly wrongly granted having regard to the scope and requirements laid down in the EU Regulation.
(2)An appeal shall lie to the Court of Appeal against the decision made by the Court. Such an appeal shall be lodged within six days from the delivery of the decision. Adjustment of the protection measure. 6.
(1)An application for the adjustment of the protection measure may be lodged by the protected person to the Court. Cap. 12.
(2)Pursuant to Article 11
(2)of the EU Regulation, the provisions of article 266 of the Code of Organization and Civil Procedure shall apply.
(3)The decision of the Court is to be notified to the person causing the risk.
(4)An appeal shall lie to the Court of Appeal against the decision made by the Court. Such an appeal shall be lodged within six days from the delivery of the decision. Notification. Cap. 12. 7. Pursuant to Article 8
(2)and Article 11
(4)of the EU Regulation, the procedure outlined in article 187 of the Code of Organization and Civil Procedure shall apply. Competent court. 8. For the purposes of Article 13
(2)of the EU Regulation, the competent court shall be the Civil Court (Family Section). Language of documents. 9. Where any document, certificate or decision referred to in the EU Regulation has been made in any language other than Maltese, a translation into the Maltese or English language of that document, certificate or decision shall be submitted in accordance with Article 16 of the EU Regulation.