Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union.

Regulation 3 revokes Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. Regulation 4 revokes Council Regulation (EC) No. 4/2009 concerning jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. Regulation 5 revokes Council Regulation (EC) No 2116/2004. Regulation 6 revokes Council Regulation No 664/2009. Regulation 7 and the Schedule make amendments to primary and secondary legislation to reflect the fact that the retained EU law has been revoked. Regulation 8 provides that the amendments and revocations made by these Regulations do not apply to matters arising before Exit day.

We have assessed the impact of this instrument and will publish a full Impact Assessment shortly.