OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986 (S.I. 1986/1962). The amendments are needed in consequence of the coming into force on 1st March 2002 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation applies to all Member States except Denmark. The Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929), which, for the most part, will also come into force on 1st March 2002, makes the main legislative changes needed in respect of the Regulation.

In addition, the following amendments have been made to correct and clarify those Rules,

  • the references to Secretary of State have been changed to the Lord Chancellor; this function was transferred by the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992 (S.I. 1992/709)

  • the cross-references in rule 6A, inserted by the Magistrates' Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992 (S.I. 1992/457), have been corrected.