Schedule 2 OTHER PROVISIONS OF PART II OF THE SUPREME COURT ACT 1981 EXTENDED TO GIBRALTAR AND ADAPTATIONS AND MODIFICATIONS THERETO

In subsection (7), the words “England and Wales” shall be deleted and the word “Gibraltar” shall be substituted.

Subsection (2) shall be deleted and the following subsection shall be substituted—

“(2)

The Supreme Court of Gibraltar shall not entertain any action in personam to enforce a claim to which this section applies unless—

(a)

the defendant has his habitual residence or a place of business within Gibraltar;

(b)

the cause of action arose within the Admiralty Waters of Gibraltar, as defined in the Admiralty Waters (Gibraltar) Order 1972^f1, or within any part of the sea adjacent to the coast of Gibraltar certified by a Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters; or

(c)

an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court”.

In subsections (3), (6), (7) and (8), the words “the High Court” shall be deleted and the words “the Supreme Court of Gibraltar” shall be substituted.

In subsection (3), the words “England and Wales” shall be deleted and the word “Gibraltar” shall be substituted.

The words “the High Court” shall be deleted and the words “the Supreme Court of Gibraltar” shall be substituted.

In subsection (1), the definition of “ship” shall be deleted and the following definition shall be substituted—

• ““ship” includes any description of vessel used in navigation”.

In subsection 2(a), the words “the High Court” shall be deleted and the words “the Supreme Court of Gibraltar” shall be substituted.

In subsection (2), paragraph (c) shall be deleted and the following paragraph shall be substituted—

“(c)

authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or of any cargo or other property belonging to the Crown.”.

In subsection (3), the definition of “Her Majesty’s hovercraft” shall be deleted.