Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/2591

1990 No. 2591

JUDGMENTS

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

Made 19th December 1990

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 19th day of December 1990

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 Convention3, signed 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 has agreed to a revision of either of these Conventions or the Protocol, including 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 Kingdom of Spain and the Portuguese Republic to the 1968 Convention5was signed on 26th May 1989, 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 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 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Civil Jurisdiction and Judgments...

1. This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and to the Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

S-2 In this Order “ the Act ” means the Civil Jurisdiction and...

2. In this Order “the Act” means the Civil Jurisdiction and Judgments Act 1982.

S-3 The following shall be inserted before the final item in...

3. The following shall be inserted before the final item in section 1(1) of the Act—

““the 1989 Accession Convention” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia — San Sebastián on 26th May 1989,”

S-4 The following shall be substituted for the final item in...

4. The following shall be substituted for the final item in section 1(1) of the Act—

““the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.”

S-5 The following shall be substituted for section 1(2)(a) of the...

5. The following shall be substituted for section 1(2)(a) of the Act—

“(a)

“(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention; and”

S-6 The following shall be substituted for section 1(3) of the Act...

6. The following shall be substituted for section 1(3) of the Act—

S-3

“3 In this Act “Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, as the case might be.”

S-7 The following shall be substituted for section 2(2) of the Act...

7. The following shall be substituted for section 2(2) of the Act—

S-2

“2 For convenience of reference there are set out in Schedules 1, 2, 3, 3A and 3B respectively the English texts of—

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e) Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention and in Article 34 of the 1989 Accession Convention.”

S-8 The following shall be inserted after paragraph (c) of section...

8. The following shall be inserted after paragraph (c) of section 3(3) of the Act—

“; and

(a) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention6,”

S-9 The following shall be substituted for the first item in...

9. The following shall be substituted for the first item in section 50 of the Act—

““the Accession Convention”, “the 1982 Accession Convention” and “the 1989 Accession Convention” have the meaning given by section 1(1);”

S-10 The following shall be substituted for section 39(2)(c) and (d)...

10. The following shall be substituted for section 39(2)(c) and (d) of the Act—

“(c)

“(c) any colony.”

S-11 The following shall be substituted for section 52(2)(c) and (d)...

11. The following shall be substituted for section 52(2)(c) and (d) of the Act—

“(c)

“(c) any colony.”

S-12 The text set out in Schedule 1 to this Order shall be...

12.—(1) The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2) The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3) The text set out in Schedule 3 to this Order shall be substituted for the text set out in Schedule 3 to the Act.

(4) The text set out in Schedule 4 to this Order shall be inserted after Schedule 3A to the Act.

G. I. de Deney

Clerk of the Privy Council

SCHEDULES

SCHEDULE 1

TEXT OF 1968 CONVENTION, AS AMENDED

CONVENTION

on jurisdiction and the enforcement of judgments in civil and commercial matters

PREAMBLE

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Anxious to strengthen in the Community the legal protection of persons therein established;

Considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements;

Have decided to conclude this Convention and to this end have designated as their Plenipotentiaries;

(Designations of Plenipotentiaries of the original six Contracting States)

WHO, meeting within the Council, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

1 SCOPE

TITLE I

SCOPE

SCH-1.Article 1

Article 1. This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

The Convention shall not apply to—

(1) The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession.

(2) Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.

(3) Social security.

(4) Arbitration.

2 JURISDICTION

TITLE II

JURISDICTION

General provisions

General provisions

SCH-1.Article 2

Article 2. Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.

Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

SCH-1.Article 3

Article 3. Persons domiciled in a Contracting State may be sued in the courts of another...

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