Protection of Children (Hague Convention) Act 2000

Interpretation.

1

1.—(1) In this Act, unless the context otherwise requires—

“another contracting state” means a contracting state other than the State;

“Article”, in relation to a numbered Article, means the Article so numbered of the Convention and reference to a subdivision of a numbered Article shall be construed accordingly;

“Central Authority” shall be construed in accordance with section 9 ;

“child” shall be construed by reference to Article 2;

“contracting state” means a state (other than any state to whose accession to the Convention the State may have raised an objection pursuant to Article 58.3) in respect of which the Convention has entered into force in accordance with Article 61 and shall be construed so that this Act shall have effect in relation to—

( a) in case a contracting state has declared pursuant to Article 59.1 that the Convention shall extend to one or more territorial units within that state, the territorial unit or units concerned, and

( b) each other contracting state;

“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, signed at the Hague on the 19th day of October, 1996;

F1 [ Council Regulation means Council Regulation (EC) No. 2201/2003 of 27 November 2003; ]

“decision” means a decision (other than a judgment) which is directed to the protection of the person or property of a child and is made pursuant to the Child Care Act, 1991, or by a duly authorised person or body in another contracting state pursuant to the law of that state;

“judgment” means a judgment or order which is directed to the protection of the person or property of a child and is made either by a court in the State or by a competent judicial or administrative authority of another contracting state;

“measure” means a judgment or decision which is made in accordance with Chapter II of the Convention, and references to the taking of a measure shall be construed as references to the making of such a judgment or decision;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer or to be a probation officer or a welfare officer.

(2) In this Act—

( a) a reference to a section is to a section of this Act, unless it is indicated that a reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

( c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.