Child Abduction and Enforcement of Custody Orders Act 1991

Interpretation.

2

2.—F1[(1) In this Act—]

“Central Authority in the State” shall be construed in accordance with section 8 or 22 (as may be appropriate) of this Act;

“child” where used in the context of the Children Act, 1908, includes a young person within the meaning of that Act;

F2["Council Regulation" means Council Regulation (EU) 2019/1111 of 25 June 20191;]

“the Court” means the High Court;

“the Hague Convention” means the Convention on the Civil Aspects of International Child Abduction, signed at The Hague on the 25th day of October, 1980;

F3[…]

“the Luxembourg Convention” means the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children, signed at Luxembourg on the 20th day of May, 1980;

“the Minister” means the F4[the Minister for Justice, Equality and Law Reform];

“prescribed” means prescribed by regulations made by the Minister under this Act;

“probation and welfare officer” means a person appointed by the F5[the Minister for Justice, Equality and Law Reform] to be a probation and welfare officer or to be a welfare officer or probation officer.

F6[(2) References in this Act to the Hague Convention shall, where the context requires in relation to applications under the Hague Convention to which the Council Regulation relates, be deemed to include references to the Council Regulation.]

Annotations

Amendments:

F1

Substituted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 8(a)(i).

F2

Substituted (1.08.2022) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), reg. 9(a), in effect as per reg. 1(2).

F3

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 12 item 1, S.I. No. 887 of 2004.

F4

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 18(a), commenced as per s. 1(2).

F5

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 18(b), commenced as per s. 1(2).

F6

Inserted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005), reg. 8(a)(iii).

Editorial Notes:

E7

Previous affecting provision: definition of "Council Regulation" inserted (1.03.2005) by European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 112 of 2005), reg. 8(a)(ii), substituted as per F Note above.

E8

Previous affecting provision: definitions of “the Minister” and “the Minister” within the definition of “probation and welfare officer” substituted (1.08.1996) by Family Law Act 1995 (26/1995), s. 55(a) and (b), S.I. No. 46 of 1996.