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Forwarding of supervision decision to Central Authority
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28. (1) Subsection (2) applies if one or more than one of the following matters (in this section referred to as a “relevant matter”) arises:
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(a) a supervision decision forwarded to the Central Authority pursuant to Article 10 of the Framework Decision is not accompanied by—
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(i) an Article 10 certificate, or
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(ii) if the Article 10 certificate is in a language other than the Irish language or the English language, a translation of that certificate in the Irish language or the English language;
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(b) the Central Authority considers that an Article 10 certificate accompanying a supervision decision forwarded to the Central Authority pursuant to Article 10 of the Framework Decision—
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(i) is incomplete, or
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(ii) obviously does not correspond to that supervision decision.
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(2) The Central Authority shall, as soon as is practicable after a relevant matter arises, by notice in writing given to the competent authority in the issuing State—
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(a) inform the competent authority in the issuing State of the relevant matter, and
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(b) specify a reasonable period of time within which the competent authority in the issuing State may take the necessary remedial action in relation to the relevant matter.
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(3) Subsection (4) applies if a document forwarded to the Central Authority for the purposes of this Part has been directly forwarded to the Central Authority by a means which has produced a record in writing of the document under conditions allowing the Central Authority to establish the authenticity of that document.
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(4) The record in writing of the document shall be deemed to be the document that was forwarded.
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(5) For the purposes of this Part, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by the competent authority in the issuing State.
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(6) In proceedings to which this Part applies, a document shall be received in evidence without further proof if the document purports to be—
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(a) a supervision decision issued by the competent authority in the issuing State,
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(b) an Article 10 certificate issued by the competent authority in an issuing State or a translation referred to in subsection (1)(a)(ii) of the Article 10 certificate, or
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(c) a certified copy of such decision, Article 10 certificate or translation.
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(7) In proceedings to which this Part applies, a document that purports to be a certified copy of a supervision decision or Article 10 certificate referred to in subsection (6) shall, unless the contrary is shown, be evidence of the supervision decision or Article 10 certificate, as the case may be.
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