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Regulation 27 Transitional and saving provision – Part 74 and Part 78I1

England and Wales

(1)

Where in relation to any proceedings the relevant saving provision applies, the relevant rules continue to apply on and after F1IP completion day for the purposes of those proceedings as if the amendments made to those rules by these Regulations had not been made.

(2)

In this regulation—

(a)

“the relevant saving provision” means F2regulation 16, of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 M1 as applicable; and

(b)

“the relevant rules” means Part 78, or Section IV of Part 74, as applicable.

(3)

Where an application under rule 78.24 as then in force for a mediation settlement enforcement order was made before IP completion day, rules 78.24 and 78.25 continue to apply on and after IP completion day for the purposes of that application as if the changes made in relation to those rules by these Regulations had not been made.

(4)

In relation to a mediation to which the Cross-Border Mediation (EU Directive) Regulations 2011 M2 applied before IP completion day, rules 78.23 and 78.25 to 78.28 continue to apply on and after IP completion day, so far as relevant in relation to mediation evidence relating to that mediation, as if the changes made in relation to those rules by these Regulations had not been made.

Annotations

Textual amendments

F1

Words in reg. 27 substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 9(2)(j)

F2

Words in reg. 27(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 9(5)

Marginal citations

M1

S.I. 2018/1311.

M2

S.I. 2011/1133.

Commencement

I1

Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)