Explanatory note
England and Wales
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (the 2018 Act) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraph g of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.
The changes made by these Regulations are consequential on provision made in a number of other statutory instruments made under the 2018 Act. The Civil Procedure Rules 1998 make provision in a number of places to govern the procedure for proceedings under or related to certain EU instruments. Those EU instruments, as retained EU law under the 2018 Act, are being revoked or amended by other Regulations made under the 2018 Act, and it is accordingly necessary in consequence to remove or amend the corresponding provisions in the Rules. Those other Regulations include transitional and saving provisions the effect of which is that in some circumstances the operation of EU legislation which the Civil Procedure Rules supplement is preserved. Therefore these Regulations include transitional and saving provision to preserve the operation of the corresponding provision in the Rules for those purposes.
The amendments made by these Regulations to the Civil Procedure Rules 1998 are as follows:
| Part of the Rules | Amendment |
|---|---|
| Part 5 | There is omitted provision cross-referring to provisions in Part 78 which are themselves omitted. |
| Part 6 | There are omitted provisions relating to litigants providing as an address for service the address of a European lawyer in an EEA State (which fall away on Exit); provisions relating to service under the EU Service Regulation (Regulation (EC) No. 1393/2007) (consequential on the revocation of that Regulation by the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provision) EU Exit) Regulations 2018 (S.I. 2018/1257); and provisions relating to jurisdiction under the “Brussels Ia” Regulation (Regulation (EU) No. 1215/2012) (consequential on the revocation of that Regulation and related instruments by the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479). |
| Part 8 | There is omitted a cross-reference to provisions in Part 78 which are themselves omitted. |
| Part 12 | There are omitted references to the EU Service Regulation; references to service of a claim under provisions in Part 6 which are themselves omitted; and provision defining terms for the purposes of provisions which are themselves omitted. |
| Part 13 | There is omitted a reference to the EU Service Regulation. |
| Part 25 | There are omitted references to States which are parties to or bound by the “Brussels Ia” Regulation, the Lugano Convention and the Brussels Convention (consequential on the revocation of that Regulation and related instruments by the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019. |
| Part 30 | There is omitted a reference to transfer of cases relating to provisions of the EU Treaty, which will no longer be applicable on Exit. |
| Part 31 | There are omitted cross-references to provisions in Part 78 which are themselves omitted. |
| Part 32 | There is omitted a cross-reference to provisions in Part 78 which are themselves omitted. |
| Part 34 | There are omitted provisions governing procedure for requests under the EU Taking of Evidence Regulation (Regulation (EC) No. 1206/2001), and certain cross-references, in consequence of the revocation of the Taking of Evidence Regulation by the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provision) EU Exit) Regulations 2018. |
| Part 63 | There are omitted references to EU instruments, and registers kept at EU level, which will no longer be applicable on Exit. |
| Part 68 | Part 68 makes provision for the procedure for making references to the Court of Justice of the EU, which will no longer be applicable on Exit, and is omitted accordingly. |
| Part 74 | There are omitted provisions governing procedure for applications in relation to recognition and enforcement under the “Brussels Ia” Regulation and Lugano Convention and their predecessors, consequential on the revocation of those EU instruments by the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019. There are also amendments, and provisions omitted, in relation to the EU Protection Measures Regulation (Regulation (EU) 606/2013), consequential on the provision made by the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493); and in relation to the EU European Enforcement Orders Regulation (Regulation (EC) No. 805/2004) consequential on the provision made in the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1311). |
| Part 78 | Part 78 makes provision for the procedure relating to proceedings under or in relation to certain EU instruments which are revoked by, or cease to have effect in accordance with, the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 and the Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469); and is revoked accordingly. |
An impact assessment has not been produced for this instrument as it has no or minimal impact on business, the voluntary sector and the public sector.