The Civil Jurisdiction and Judgments Regulations 2007
S.I. 2007/1655 · Made 8 June 2007 · Extends to United Kingdom
JUDGMENTS
Made 8th June 2007
Laid before Parliament 8th June 2007
Coming into force 1st July 2007
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. 44/2001 of 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 1972f3.
Annotations to the whole text
Footnotes
- f1
-
1972 c.68. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the function of the Lord Chancellor in relation to implementing those obligations continues to be exercisable by him as regards Scotland.
- f2
-
The European Communities (Designation) (No.2) Order 2007 (S.I. 2007/1349).
- f3
-
1972 c 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).
Contents
- 1Citation and commencement
- 2Amendments to the Civil Jurisdiction and Judgments Act 1982
- 3Amendments to the Civil Jurisdiction and Judgments Order 2001
- 4Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001
- 5Consequential Amendments
- Signature
- Schedule: Consequential Amendments
- Part 1: Primary legislation
- 1The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c.24)
- 2The Army Act 1955 (c.18)
- 3The Air Force Act 1955 (c.19)
- 4The Naval Discipline Act 1957 (c.53)
- 5The Maintenance Orders Act 1958 (c.39)
- 6The Administration of Justice Act 1970 (c.31)
- 7The Attachment of Earnings Act 1971 (c.32)
- 8The Magistrates’ Courts Act 1980 (c.43)
- 9The Magistrates’ Courts Act 1980 (c.43)
- 10The Magistrates’ Courts Act 1980 (c.43)
- 11The Merchant Shipping (Liner Conferences) Act 1982 (c.37)
- 12The Matrimonial and Family Proceedings Act 1984 (c.42)
- 13The Matrimonial and Family Proceedings Act 1984 (c.42)
- 14The Matrimonial and Family Proceedings Act 1984 (c.42)
- 15The Companies Act 1989 (c.40)
- 16The Social Security Administration Act 1992 (c.5)
- 17The Social Security Administration (Northern Ireland) Act 1992 (c.8)
- 18The Civil Partnership Act 2004 (c.33)
- 19Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) Repealed
- Part 2: Secondary legislation
- 20The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)
- 21The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)
- 22The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))
- 23The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))
- 24The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))
- 25The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))
- 26The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (No. 677 (N.I. 4))
- 27The Companies (No.2) (Northern Ireland) Order 1990 (No. 1504 (N.I. 10))
- 28The Civil Procedure Rules 1998 (SI 1998/3132)
- 29The Civil Procedure Rules 1998 (SI 1998/3132)
- 30The Civil Procedure Rules 1998 (SI 1998/3132)
- 31The Civil Procedure Rules 1998 (SI 1998/3132)
- 32The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979)
- 33The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)
- 34The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)
- 35The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)
- 36Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 (S.I. 2002/2972 (S.12))
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Civil Jurisdiction and Judgments Regulations 2007, and shall come into force on 1st July 2007.
2Amendments to the Civil Jurisdiction and Judgments Act 1982I1
The Civil Jurisdiction and Judgments Act 1982f1 is amended in accordance with this regulation.
In section 1(1), for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001 of 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 (OJ No. L 299 16.11.2005 at p62).”.
In section 1(3)—
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
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.”.
3Amendments to the Civil Jurisdiction and Judgments Order 2001I1
The Civil Jurisdiction and Judgments Order 2001f1 is amended in accordance with this regulation.
In article 2(1)—
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 mattersf2;”;
for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001 of 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
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.”.
After article 3, insert—
“The 2005 Agreement
3A.The Regulation shall have effect as regards Denmark in accordance with the 2005 Agreement.”.
4Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001I1
The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001f1 is amended in accordance with this regulation.
In article 1(2)—
for the definition of “the Regulation” substitute—
““the Regulation” means Council Regulation (EC) No. 44/2001 of 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 mattersf2;”; and
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;”.
5Consequential AmendmentsI1
The Schedule to these Regulations (which makes consequential provisions) shall have effect.
Signature
Signed by authority of the Lord Chancellor
Catherine Ashton
Parliamentary Under Secretary of State
Ministry of Justice
1The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c.24)I1
Section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947f1 (deduction from pay in respect of liabilities for maintenance, etc) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62)”.
2The Army Act 1955 (c.18)I1
Section 150 of the Army Act 1955f1 (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62);”.
3The Air Force Act 1955 (c.19)I1
Section 150 of the Air Force Act 1955f1 (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62)”.
4The Naval Discipline Act 1957 (c.53)I1
Section 101 of the Naval Discipline Act 1957f1 (service of proceedings for maintenance, etc) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62)”.
5The Maintenance Orders Act 1958 (c.39)I1
Section 1 of the Maintenance Orders Act 1958f1 (application of Part I) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62)”.
6The Administration of Justice Act 1970 (c.31)I1
Schedule 8 to the Administration of Justice Act 1970f1 (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.
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 (OJ No. L 299 16.11.2005 at p62)”.
7The Attachment of Earnings Act 1971 (c.32)I1
Schedule 1 to the Attachment of Earnings Act 1971f1 (which lists maintenance orders to which that Act applies) is amended in accordance with this paragraph.
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 (OJ No. L 299 16.11.2005 at p62)”.
8The Magistrates’ Courts Act 1980 (c.43)I1
The Magistrates’ Courts Act 1980f1 is amended as follows.
9The Magistrates’ Courts Act 1980 (c.43)I1
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 (OJ No. L 299 16.11.2005 at p62)”.
10The Magistrates’ Courts Act 1980 (c.43)I1
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 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 (OJ No. L 299 16.11.2005 at p62)”.
11The Merchant Shipping (Liner Conferences) Act 1982 (c.37)I1
Section 5 of the Merchant Shipping (Liner Conferences) Act 1982f1 (liability of members of conference to be in proportion to their responsibility) is amended in accordance with this paragraph.
In subsection (6), 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 (OJ No. L 299 16.11.2005 at p62)”.
12The Matrimonial and Family Proceedings Act 1984 (c.42)I1
The Matrimonial and Family Proceedings Act 1984f1 is amended as follows.
13The Matrimonial and Family Proceedings Act 1984 (c.42)I1
In section 15 (jurisdiction of the court), in subsection (2), 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 (OJ No. L 299 16.11.2005 at p62)”.
14The Matrimonial and Family Proceedings Act 1984 (c.42)I1
In section 28 (circumstances in which a Scottish court may entertain application for financial provision), 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 (OJ No. L 299 16.11.2005 at p62)”.
15The Companies Act 1989 (c.40)I1
Section 183 of the Companies Act 1989f1 (insolvency proceedings in other jurisdictions) is amended in accordance with this paragraph.
In subsection (3), 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 (OJ No. L 299 16.11.2005 at p62)”.
16The Social Security Administration Act 1992 (c.5)I1
Section 108 of the Social Security Administration Act 1992f1 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State) is amended in accordance with this paragraph.
In subsection (4)(a)(iv), 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 (OJ No. L 299 16.11.2005 at p62)”.
17The Social Security Administration (Northern Ireland) Act 1992 (c.8)I1
Section 103 of the Social Security Administration (Northern Ireland) Act 1992f1 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) is amended in accordance with this paragraph.
In subsection (4)(a)(iv), 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 (OJ No. L 299 16.11.2005 at p62)”.
18The Civil Partnership Act 2004 (c.33)I1
Part 2 of Schedule 11 to the Civil Partnership Act 2004f1 (circumstances in which the court may entertain an application for financial provision) is amended in accordance with this paragraph.
In paragraph 2(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 (OJ No. L 299 16.11.2005 at p62)”.
19Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)I1
The Legal Aid (General) Regulations (Northern Ireland) 1965f1 are amended in accordance with this paragraph.
21The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)I1
In regulation 3B(1) (registration of certain foreign orders and judgments)f1, 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 mattersf2”.
22The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))I1
The Magistrates’ Courts (Northern Ireland) Order 1981f1 is amended as follows.
23The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))I1
In article 87 (remission of arrears and manner in which arrears to be paid), in paragraph (7), in the definition of “non-Northern Ireland maintenance order”, in subparagraph (a)(v), 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 mattersf1”.
24The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))I1
In article 88 (definition of domestic proceedings for the purposes of that Order), in subparagraph (a), 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 mattersf1”.
25The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))I1
In article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(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 mattersf1”.
26The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (No. 677 (N.I. 4))I1
Article 19 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989f1 (jurisdiction of the court) is amended in accordance with this paragraph.
In paragraph (2), 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 mattersf2”.
27The Companies (No.2) (Northern Ireland) Order 1990 (No. 1504 (N.I. 10))I1
The Companies (No.2) (Northern Ireland) Order 1990f1 is amended in accordance with this paragraph.
In Article 104 (insolvency proceedings in other jurisdictions), in paragraph (3), 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 mattersf2”.
28The Civil Procedure Rules 1998 (SI 1998/3132)I1
The Civil Procedure Rules 1998f1 are amended as follows.
29The Civil Procedure Rules 1998 (SI 1998/3132)I1
In rule 6.18 (definitions)—
in subparagraph (j), 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 mattersf1”; and
in subparagraph (k), for the definition of “Regulation State”, substitute—
““Regulation State” means a Member State.”.
30The Civil Procedure Rules 1998 (SI 1998/3132)I1
In rule 12.11 (supplementary provisions where applications for default judgment are made), in paragraph (6)—
in subparagraph (e) 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 mattersf1”; and
in subparagraph (f), for the definition of “Regulation State”, substitute—
““Regulation State” means a Member State.”.
31The Civil Procedure Rules 1998 (SI 1998/3132)I1
In Part 74 (Enforcement of judgments in different jurisdictions)—
in rule 74.1 (scope of this Part and interpretation), in paragraph (5)(d), 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 mattersf1”; and
in rule 74.2 (interpretation), in paragraph (1)(b), for the definition of “Regulation State”, substitute—
““Regulation State” means a Member State;”.
32The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979)I1
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999f1 are amended in accordance with this paragraph.
In regulation 25 (insolvency proceedings in other jurisdictions), in paragraph (3), 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 mattersf2”.
33The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)I1
The Community Legal Service (Financial) Regulations 2000f1 are amended as follows.
34The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)I1
In regulation 3 (financial eligibility), in paragraph (1)(g)(iii), 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 mattersf1”.
35The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)I1
In regulation 5D (waiver of eligibility limit and contributions in cross-border disputes)—
omit the definition of “Member State”; and
in paragraph (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 mattersf1”.
36Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 (S.I. 2002/2972 (S.12))I1
The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002f1 are amended in accordance with this paragraph.
In regulation 4 (recognition or enforcement of tribunal decisions in another Regulation State), in paragraph (5)(a), 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 mattersf2”.
Explanatory note
(This note is not part of these Regulations)
The European Community and the Kingdom of Denmark have entered into an agreement applying to Denmark the provisions of Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The agreement was signed on behalf of the European Community on 19th October 2005. The agreement has been approved on behalf of the European Community by a Council Decision of 27th April 2006 and enters into force on 1st July 2007.
These Regulations amend the Civil Jurisdiction and Judgments Act 1982, the Civil Jurisdiction and Judgments Order 2001 and the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001, and make other consequential amendments, to give effect to the agreement.
As regards Denmark, Council Regulation (EC) No. 44/2001 is to have effect in accordance with the terms of the agreement. The Brussels Convention continues to have force of law, in relation to those territories to which the Convention applies but that are excluded from the Regulation. That means, at the date of these Regulations coming into force, Aruba and the French overseas territories.
These Regulations shall come into force on 1st July 2007.