# The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019, Regulation 19: Amendment of Part 34

Extent: E+W

(1) Part 34 (reciprocal enforcement of maintenance orders) is amended as follows.
(2) In rule 34.1—
(a) in paragraph (2), omit the definitions of—
(i) “the 1982 Act”;
(ii) “the 1988 Convention”;
(iii) “the Judgments Regulation”; and
(iv) “the Lugano Convention”; and
(b) in paragraph (5), omit sub-paragraphs (a) to (d).
(3) In rule 34.2—
(a) in paragraph (2), omit “and section 5(2) of the 1982 Act”; and
(b) in paragraph (3), omit “Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance order or under”.
(4) In rule 34.3, omit “the Maintenance Regulation or”.
(5) In the heading to Chapter 3 of the Part, for the words after “UNDER” substitute “ THE 2007 HAGUE CONVENTION ”.
(6) In rule 34.28A—
(a) in paragraph (1)—
(i) omit sub-paragraph (a)(i); and
(ii) omit sub-paragraph (c); and
(b) omit paragraph (2).
(7) In the heading to Section 1 of Chapter 3 of the Part, for the words after “made in” substitute “ a State bound by the 2007 Hague Convention ”.
(8) Omit rule 34.29.
(9) In rule 34.30—
(a) in paragraph (2)—
(i) omit sub-paragraphs (a) to (d); and
(ii) in sub-paragraph (e), omit “other than a Member State of the European Union”; and
(b) in paragraph (6), omit sub-paragraphs (a) and (b).
(10) In rule 34.31, in paragraph (1), omit sub-paragraphs (a) to (d).
(11) In rule 34.32, in paragraph (1), for the words after “accordance with” up to and including “registration” substitute “ Article 23 of the 2007 Hague Convention ”.
(12) In rule 34.34—
(a) in paragraph (1), for the words after “competent court in” to the end substitute “ a State bound by the 2007 Hague Convention ”; and
(b) omit paragraph (3).
(13) In rule 34.36A—
(a) in paragraph (a), omit sub-paragraphs (i) to (iv);
(b) in paragraph (b), omit sub-paragraphs (i) to (iv); and
(c) in paragraph (c), omit sub-paragraphs (i) to (iv).
(14) In rule 34.36B—
(a) in paragraph (1), omit “Article 58 of the Maintenance Regulation, or”;
(b) in paragraph (2), omit “Article 56 of the Maintenance Regulation or”; and
(c) in the words in parentheses at the end of the rule, omit “and the Maintenance Regulation”.
(15) Omit rule 34.36C.
(16) In the heading to Section 2 of Chapter 3 of the Part, omit “or a Member State of the European Union”.
(17) In rule 34.38—
(a) in paragraph (1), for the words after “the UK” up to and including “Lugano Convention, or by” substitute “ or another Contracting State to ”;
(b) in paragraph (2)(c), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;
(c) in paragraph (3), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;
(d) for paragraph (7) substitute—
“(7) Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.”; and
(e) omit paragraph (8) and the words in parentheses following it.
(18) In rule 34.39—
(a) for paragraph (1), substitute—
“(1) A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.”;
(b) omit paragraph (2); and
(c) in paragraph (5)—
(i) omit sub-paragraphs (b)(i) to (iv); and
(ii) in sub-paragraph (b)(vi), omit “(other than a Member State of the European Union)”.
(19) In rule 34.40—
(a) in paragraph (1), omit—
(i) “and the Maintenance Regulation”;
(ii) “a Member State of the European Union or”; and
(iii) “(other than a Member State of the European Union)”; and
(b) in paragraph (2), omit sub-paragraph (a).

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Source: https://www.legislation.gov.uk/uksi/2019/517/regulation/19 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010-and-court-of-protection-rules-2017-amendment-eu-exit-regulations-2019/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.