S.I. No. 458/2019 - Protection Of Children (Hague Convention) Act 2000 (Section 15) Order 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th September, 2019.

I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 15 (1) of the Protection of Children (Hague Convention) Act 2000 (No. 37 of 2000) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 246 of 2011 )), hereby order as follows:

1. This Order may be cited as the Protection of Children (Hague Convention) Act 2000 (Section 15) Order 2019.

2. It is declared that -

(a) in accordance with Article 61.2 of the Convention, the Convention entered into force for the United Kingdom of Great Britain and Northern Ireland on 1 November 2012,

(b) pursuant to Article 59.1 of the Convention, a declaration has been made by the United Kingdom of Great Britain and Northern Ireland that the Convention shall extend to its specified territorial unit of Gibraltar,

(c) pursuant to Article 34.2 of the Convention, a declaration has been made by the United Kingdom of Great Britain and Northern Ireland that requests under Article 34.1 to an authority in the United Kingdom of Great Britain and Northern Ireland shall be communicated only through its central authority,

(d) pursuant to Article 54.2 of the Convention a reservation, the text of which is set out in the Schedule, has been made by the United Kingdom of Great Britain and Northern Ireland.

SCHEDULE

Reservation

“In accordance with Article 54, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it objects to the use of French.”

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GIVEN under my Official Seal,

10 September, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Protection of Children (Hague Convention) Act 2000 gives force of law in Ireland to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (concluded on 19 October 1996). Section 15(1) of the Act of 2000 enables the Minister for Foreign Affairs and Trade, by order to, inter alia, declare:

(a) that the Convention entered into force or will enter into force for the states specified in the Order on the dates specified in the Order;

(b) that pursuant to paragraph 1 of Article 59 of the Convention a declaration has been made by a specified contracting state that the Convention shall extend to all its territorial units or only to one or more than one of them to be specified;

(c) that pursuant to paragraph 2 of Article 34 of the Convention, a declaration has been made by a contracting state specified in the Order that requests under paragraph 1 of Article 34 of the Convention to an authority in that contracting state which has information relevant to the protection of a child shall be communicated only through its central authority; and

(d) that a reservation set out in the Order has been made by a specified contracting state pursuant to the Convention.

Section 15 (2) of the Act of 2000 provides that an order that is in force under Section 15 (1) shall be evidence of the matters stated therein.

By this Order, the Minister for Foreign Affairs and Trade makes the abovementioned declarations with respect to the United Kingdom of Great Britain and Northern Ireland with effect from signature.