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Civil Jurisdiction and Judgments Order 2001

Consolidated Text As Enacted Cited authorities 81 Cited in Amendments 48 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2001/3929
  • as to articles 1 and 2, paragraphs 1(a) , 1(b) (ii) and 17 of Schedule 2 and, so far as it relates to those paragraphs, article 4, on 25th January 2002; and
  • as to the remainder of this Order, on 1st March 2002.
    • (1) In this Order—(2) In Schedule 2 to this Order, a section, Part, Schedule or paragraph referred to by number alone is a reference to the section, Part, Schedule or paragraph so numbered in the Act.
  • Schedule 1 to this Order (which applies certain provisions of the Act with modifications for the purposes of the Regulation) shall have effect.
  • Schedule 2 to this Order (which makes amendments to the Act) shall have effect.
  • Schedule 3 to this Order (which makes consequential amendments) shall have effect.
    • (1) Where proceedings are begun before 1st March 2002 in any part of the United Kingdom on the basis of jurisdiction determined in accordance with section 16 of, and Schedule 4 to, the Act, the proceedings may be continued as if the amendments made by paragraphs 3 and 4 of Schedule 2 to this Order had not been made and those amendments shall not apply in respect of any proceedings begun before that date.(2) Where proceedings are begun before 1st March 2002 in any court in Scotland on the basis of jurisdiction determined in accordance with section 20 of, and Schedule 8 to, the Act, the proceedings may be continued as if the amendments made by paragraphs 6 and 7 of Schedule 2 to this Order had not been made and those amendments shall not apply in respect of any proceedings begun before that date.In this Schedule—
    • “court”, without more, includes a tribunal;
    • “judgment” has the meaning given by Article 32 of the Regulation;
    • “magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;
    • “maintenance order” means a maintenance judgment within the meaning of the Regulation;
    • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
    • “payer”, in relation to a maintenance order, means the person liable to make the payments for which the order provides;
    • “prescribed” means prescribed by rules of court.
    In this Schedule, any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the Regulation, and any reference to a sub-division of a numbered Article shall be construed accordingly.References in paragraphs 2 to 8 to a judgment registered under the Regulation include, to the extent of its registration, references to a judgment so registered to a limited extent only.Anything authorised or required by the Regulation or paragraphs 2 to 8 to be done by, to or before a particular magistrates’ court may be done by, to or before any magistrates’ court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.Where a judgment is registered under the Regulation, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.A judgment registered under the Regulation shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.Sub-paragraph (2) is subject to Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired) , to paragraph 5 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the Regulation may be enforced.as respects England and Wales and Northern Ireland, by the Lord Chancellor;as respects Scotland, by the Scottish Ministers.Such an application shall be determined in the first instance by the prescribed officer of the court having jurisdiction in the matter.A maintenance order registered under the

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