SCHEDULE 1
Article 8
SCHEDULE 1
SCHEDULE 1
TEXT OF 1968 CONVENTION, AS AMENDED
CONVENTION ON JURISDICTION AND THE ENFORCEMENT...
Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000
| Jurisdiction | UK Non-devolved |
2000 No. 1824
JUDGMENTS
The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000
Made 12th July 2000
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 12th day of July 2000
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters1was signed on 27th September 1968:
And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities2was signed on 3rd June 1971:
And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention3signed by Her Majesty’s Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty’s Government and entered into force for the United Kingdom on 1st January 1987:
And whereas the Civil Jurisdiction and Judgments Act 19824gave the force of law to these Conventions and to the Protocol in the United Kingdom:
And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of any of the Brussels Conventions5including in particular any revision connected with the accession to the 1968 Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:
And whereas a Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention6was signed on 29th November 1996, and in consequence Her Majesty’s Government in the United Kingdom has agreed to a revision of the above mentioned Conventions and Protocol:
And whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters7was opened for signature at Lugano on 16th September 1988 and signed by Her Majesty’s Government on 18th September 1989:
And whereas the Civil Jurisdiction and Judgments Act 19828, as amended by the Civil Jurisdiction and Judgments Act 19919gave the force of law to that Convention in the United Kingdom:
And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of the Lugano Convention10, including in particular any revision connected with the accession to the Lugano Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:
And whereas the Republic of Poland acceded to the Lugano Convention on 1st February 2000, and in consequence Her Majesty’s Government in the United Kingdom has agreed to a revision of the Lugano Convention:
And whereas each House of Parliament has by a resolution approved a draft of this Order:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1. This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 and shall come into force—
(a) as to Part II of this Order, on the date on which the accession of the Republic of Poland to the Lugano Convention takes effect in respect of the United Kingdom; and
(b) as to the remainder of this Order, on the date on which the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and to the Protocol enters into force in respect of the United Kingdom,
both of which dates shall be notified in the London, Edinburgh and Belfast Gazettes.
2. In this Order, “the Act” means the Civil Jurisdiction and Judgments Act 1982 and the reference to a section or Schedule by number alone means the section or Schedule so numbered in that Act.
PART I
AMENDMENTS TO THE ACT RESULTING FROM THE REVISION OF THE BRUSSELS CONVENTION
3. In section 1(1)—
(a) after the definition of the 1989 Accession Convention insert—
“
“the 1996 Accession Convention” means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,
”;
(b) in the definition of the Brussels Conventions for “and the 1989 Accession Convention”, substitute, “, the 1989 Accession Convention and the 1996 Accession Convention”.
4. In section 1(2)(a) for “and the 1989 Accession Convention” substitute “, the 1989 Accession Convention and the 1996 Accession Convention”.
5. In section 1(3)—
(a) after “(Spain and Portugal),” insert “or under the 1996 Accession Convention (Austria, Finland and Sweden)”; and
(b) before “as the case might be” insert “or being a state in respect of which the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention,”.
6. In section 2(2)—
(a) for “and 3B” substitute “, 3B and 3C”;
(b) in subsections (a) and (b), after the words “the 1982 Accession Convention”, wherever they appear, delete “and”;
(c) at the end of subsection (a) insert—“and by Titles II and III of the 1996 Accession Convention”;
(d) at the end of subsection (b) insert—“and by Title IV of the 1996 Accession Convention”;
(e) after subsection (e) insert—
“
(f)
(f) Titles V and VI of the 1996 Accession Convention (transitional and final provisions),
”; and
(f) for “and in Article 34 of the 1989 Accession Convention” insert “, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention”.
7. In section 50, for “the 1982 Accession Convention” and “the 1989 Accession Convention” substitute, “the 1982 Accession Convention”, “the 1989 Accession Convention” and “the 1996 Accession Convention”.
8.—(1) For Schedule 1, substitute Schedule 1 to this Order;
(2) For Schedule 2, substitute Schedule 2 to this Order;
(3) After Schedule 3B, insert Schedule 3BB as set out in Schedule 3 to this Order.
PART II
AMENDMENTS TO THE ACT RESULTING FROM THE REVISION OF THE LUGANO CONVENTION
9. In section 1(2), after paragraph (a), insert—
“
(aa)
(aa) references to, or to any provision of, the Lugano Convention are references to that Convention as amended on the accession to it of Poland; and
10. In section 1(3), paragraph (3), for the words “Lugano Contracting State” to “United Kingdom” substitute—
“
“Lugano Contracting State” means—
(a) one of the original parties to the Lugano Convention, that is to say Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom; or
(b) a party who has subsequently acceded to that Convention, that is to say, Poland
11. In section 3A(2), after “the Lugano Convention” insert “as amended on the accession of Poland to that Convention”.
12. In Schedule 3C—
(a) in article 3, after the entry relating to Austria, insert—
“
in Poland, Articles 1103 and 1110, of the Code of Civil Procedure,
”;
(b) in article 32 after the entry relating to Austria, insert—
“
in Poland, to the sad okregowy,
”;
(c) in paragraph 1 of article 37, after the entry relating to Austria, insert—
“
in Poland, to the sad okregowy by an appeal in cassation,
”;
(d) in paragraph 1 of article 40, after the entry relating to Austria, insert—
“
in Poland, to the sad apelacyjny,
”;
(e) in article 41, after the entry relating to Austria, insert—
“
in Poland, by an appeal in cassation,
”;
(f) in article 55—
(i) after the reference to the Convention signed at London on 12 June 1961, insert—
“
the Convention between Poland and Austria on Bilateral Relations in Civil Matters and on Documents signed at Vienna on December 11 1963,
the Convention between Poland and France on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, signed at Warsaw on April 5 1967,
”
(ii) after the reference to the Convention signed at Copenhagen on 11 October 1977, insert—
“
the Convention between Poland and Greece on Mutual Assistance in Civil and Criminal Matters, signed at Athens on October 24 1979,
”; and
(iii) after the reference to the Convention signed at Vienna on 17 November 1986 insert—
“
the Convention between Poland and Italy on Mutual Assistance and the Recognition and Enforcement of Judgments in Civil Matters, signed at Warsaw on April 28 1989.
”
A. K. Galloway
Clerk of the Privy Council
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