UNITED KINGDOM STATUTORY INSTRUMENT
2007 No. 1655
JUDGMENTS
The Civil Jurisdiction and Judgments Regulations 2007
Made 8th June 2007
Laid before Parliament 8th June 2007
Coming into force 1st July 2007
The Lord Chancellor has been designated for the purposes of section 2(2) of the European Communities Act 1972in relation to jurisdiction and the recognition and enforcement of judgments.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Lord Chancellor that it is expedient for the reference to Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be construed as a reference to that instrument as amended from time to time.
The Lord Chancellor makes these Regulations under the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Civil Jurisdiction and Judgments Regulations 2007, and shall come into force on 1st July 2007.
Amendments to the Civil Jurisdiction and Judgments Act 1982
2.—(1) The Civil Jurisdiction and Judgments Act 1982is amended in accordance with this regulation.
(2) In section 1(1), for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62).”.
(3) In section 1(3)—
(a)
(a) for the definition of “Brussels Contracting State” substitute—
““Brussels Contracting State” means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory–
(a) to which the Brussels Conventions apply; and
(b) which is excluded from the scope of the Regulation pursuant to Article 299 of the Treaty establishing the European Community;”; and
(b)
(b) for the definition of “Regulation State” substitute—
““Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.”.
Amendments to the Civil Jurisdiction and Judgments Order 2001
3.—(1) The Civil Jurisdiction and Judgments Order 2001is amended in accordance with this regulation.
(2) In article 2(1)—
(a)
(a) after the definition of “the Act” insert—
““the 2005 Agreement” means the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;”;
(b)
(b) for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the 2005 Agreement;”; and
(c)
(c) for the definition of “Regulation State” substitute—
““Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.”.
(3) After article 3, insert—
“The 2005 Agreement
3A. The Regulation shall have effect as regards Denmark in accordance with the 2005 Agreement.”.
Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001
4.—(1) The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001is amended in accordance with this regulation.
(2) In article 1(2)—
(a)
(a) for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;”; and
(b)
(b) for the definition of “Regulation State” substitute—
““Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State;”.
S-5
Consequential AmendmentsConsequential Amendments
5. The Schedule to these Regulations (which makes consequential provisions) shall have effect.
Catherine Ashton
Parliamentary Under Secretary of State
Ministry of Justice
8th June 2007
SCHEDULE
Regulation 5
Consequential Amendments
PART 1
Primary legislation
1. The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c.24)
(1) Section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947(deduction from pay in respect of liabilities for maintenance, etc) is amended in accordance with this paragraph.
(2) In subsection (2A)(b), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
2. The Army Act 1955 (c.18)
(1) Section 150 of the Army Act 1955(enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.
(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62);”.
3. The Air Force Act 1955 (c.19)
(1) Section 150 of the Air Force Act 1955(enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.
(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
4. The Naval Discipline Act 1957 (c.53)
(1) Section 101 of the Naval Discipline Act 1957(service of proceedings for maintenance, etc) is amended in accordance with this paragraph.
(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
5. The Maintenance Orders Act 1958 (c.39)
(1) Section 1 of the Maintenance Orders Act 1958(application of Part I) is amended in accordance with this paragraph.
(2) In subsection (4), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
6. The Administration of Justice Act 1970 (c.31)
(1) Schedule 8 to the Administration of Justice Act 1970(which lists maintenance orders for the purposes of the 1958 Act and Part II of the 1970 Act) is amended in accordance with this paragraph.
(2) In paragraph 13A, after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
7. The Attachment of Earnings Act 1971 (c.32)
(1) Schedule 1 to the Attachment of Earnings Act 1971(which lists maintenance orders to which that Act applies) is amended in accordance with this paragraph.
(2) In paragraph 14, after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
The Magistrates’ Courts Act 1980 (c.43)
8. The Magistrates’ Courts Act 1980is amended as follows.
9. In section 65 (meaning of family proceedings), in subsection (1)(r), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJNo. L 299 16.11.2005 at p62)”.
10. In section 95 (remission of arrears and manner in which arrears to be paid), in subsection (7), in the definition of “non-English maintenance order”, in paragraph (a)(v), after “civil and commercial matters” insert “, as amended...
