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Civil Jurisdiction and Judgments Act 1982

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Legislation Crest

Civil Jurisdiction and Judgments Act 1982

1982 CHAPTER 27

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

[13th July 1982]

Modifications etc. (not altering text)

Part IU.K. Implementation of the Conventions

Main implementing provisionsU.K.

1 Interpretation of references to the Conventions and Contracting States.U.K.

(1)In this Act—

  • “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

  • “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

  • “the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

  • [F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;]

  • [F2 “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989]

  • F3...

  • [F4the 1996 Hague Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague; ]

  • [F5“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague;]

  • [F6“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;]

  • F7...

  • F8...

  • F9...

  • [F10“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) F11... as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4) [F12as that Regulation had effect and was applied immediately before [F13IP completion day]];]

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(3)In this Act—

  • [F16“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;]

  • [F17“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;]

  • “Contracting State”, without more, in any provision means—

    (a)

    F18...

    (b)

    F18...

    (c)

    [F19in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;]

  • F20...

  • F21...

  • F22...

  • F23...]

F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F13Words in s. 1(1) substituted in earlier amending provision S.I. 2019/479, reg. 6(2)(b)(ii) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(a)

F15S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F262The [F25Brussels Conventions] to have the force of law.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F283 Interpretation of the [F27Brussels Conventions].U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3A The Lugano Convention to have the force of law.U.K.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3B Interpretation of the Lugano Convention.U.K.

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F313CThe 1996 Hague Convention to have the force of lawU.K.

(1)The 1996 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

(a)the declaration under Article 29 of the Convention, concerning applicable territorial units;

(b)the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

(c)the declaration under Article 54 of the Convention, concerning the use of French.

(3)For convenience of reference there are set out in Schedules 3D and 3E respectively—

(a)the English text of the 1996 Hague Convention;

(b)the declarations referred to in subsection (2).

Textual Amendments

3DThe 2005 Hague Convention to have the force of lawU.K.

(1)The 2005 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 2005 Hague Convention is to be read together with [F32the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts].

[F33(3)For convenience of reference there are set out in Schedules 3F and 3FA respectively—

(a)the English text of the 2005 Hague Convention;

(b)the declarations referred to in subsection (2).]

Textual Amendments

3EThe 2007 Hague Convention to have the force of lawU.K.

(1)The 2007 Hague Convention shall have the force of law in the United Kingdom.

[F34(2)For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

(a)the declaration under Article 2(3) of the Convention, concerning spousal support;

(b)the reservation under Article 44(3) of the Convention, concerning the use of French;

(c)the declaration under Article 11(1)(g) of the Convention, concerning application contents;

(d)the unilateral declaration concerning the application of the Convention.]

[F35(3)For convenience of reference there are set out in Schedules 3G and 3GA respectively—

(a)the English text of the 2007 Hague Convention;

(b)the reservations and declarations referred to in subsection (2).]]

Textual Amendments

Supplementary provisions as to recognition and enforcement of judgmentsU.K.

F364 Enforcement of judgments other than maintenance orders.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F374A Enforcement of judgments, other than maintenance orders, under the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F384B.Registration and enforcement of judgments under the 2005 Hague ConventionU.K.

(1)A judgment which is required to be recognised and enforced under the 2005 Hague Convention in any part of the United Kingdom must be registered in the prescribed manner in the appropriate court, on the application of any interested party.

(2)In subsection (1) “the appropriate court” means—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

(3)A judgment which is required to be recognised and enforced under the 2005 Hague Convention must be registered without delay on completion of the formalities in Article 13 of the 2005 Hague Convention if the registering court considers that it meets the condition for recognition in Article 8(3) of the 2005 Hague Convention, without any review of whether a ground for refusal under Article 9 applies.

(4)The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5)Where a judgment which is required to be recognised and enforced under the 2005 Hague Convention has been registered, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6)A judgment which is required to be recognised and enforced under the 2005 Hague Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7)Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.]

Textual Amendments

Modifications etc. (not altering text)

F395 Recognition and enforcement of maintenance orders.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F405A Recognition and enforcement of maintenance orders under the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F416 Appeals under Article 37, second paragraph and Article 41.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F426A Appeals under Article 44 and Annex IV of the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F436B.Appeals in relation to registration of judgments under the 2005 Hague ConventionU.K.

(1)A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.

(2)The appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the High Court;

(b)in Scotland, to the Court of Session.

(3)The court to which an appeal referred to in subsection (1) is brought must refuse or revoke registration only if—

(a)the condition for recognition in Article 8(3) of the 2005 Hague Convention is not met;

(b)the ground for postponement or refusal of recognition in Article 8(4) of the 2005 Hague Convention applies; or

(c)one or more of the grounds specified in Article 9 of the 2005 Hague Convention apply.

(4)A single further appeal on a point of law against the judgment given on the appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(5)Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal).]

Textual Amendments

Modifications etc. (not altering text)

7 Interest on registered judgments.U.K.

(1)F44... Where in connection with an application for registration of a judgment under section F45... [F464BF47...] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, F48... from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F51... Debts under judgments registered under section F52... [F534B]F54... shall carry interest only as provided by this section.

Textual Amendments

Modifications etc. (not altering text)

C6S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

F558Currency of payment under registered maintenance orders.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other supplementary provisionsU.K.

9 [F56Provisions supplementary to Article 26 of the 2005 Hague Convention].U.K.

(1)F57... [F58Article 26 of the 2005 Hague Convention] (relationship between [F59the 2005 Hague Convention] and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

(a)any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

(b)any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F60(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

F6210Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6311Proof and admissibility of certain judgments and related documents.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6411AProof and admissibility of certain judgments and related documents for the purposes of the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F6511B.Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague ConventionU.K.

(1)For the purposes of the 2005 Hague Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.]

Textual Amendments

Modifications etc. (not altering text)

12 Provision for issue of copies of, and certificates in connection with, U.K. judgments.U.K.

Rules of court may make provision for enabling any interested party wishing to secure under F66... [F67the 2005 Hague Convention] the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgment; and

(b)a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Textual Amendments

Modifications etc. (not altering text)

C10S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

F6813Modifications to cover authentic instruments and court settlements.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6914Modifications consequential on revision of the Conventions.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15 Interpretation of Part I and consequential amendments.U.K.

(1)In this Part, unless the context otherwise requires—

  • “judgment” has the meaning given by F70... [F71Article 4(1) of the 2005 Hague Convention];

  • F72...

  • F73...

  • “prescribed” means prescribed by rules of court.

(2)References in this Part to a judgment registered under [F74sections F75... [F764BF77...]] include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F78(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(4)The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Modifications etc. (not altering text)

C11S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.

Part IIU.K. Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

[F79Jurisdiction in consumer and employment mattersU.K.

Textual Amendments

15AScope of sections 15B to 15EU.K.

(1)Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom—

(a)in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;

(b)in matters relating to individual contracts of employment.

(2)Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before [F80IP completion day] in relation to the proceedings).

(3)Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

Textual Amendments

F80Words in s. 15A(2) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(i)

15BJurisdiction in relation to consumer contractsU.K.

(1)This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom.

(2)The consumer may bring proceedings against the other party to the consumer contract—

(a)where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or

(b)in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract).

(3)Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

(4)Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

(5)Subsections (2) and (3) do not affect—

(a)the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

(b)the operation of rule 3(e) or (h)(ii) of Schedule 4, or

(c)the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

(6)Subsections (2) and (3) may be departed from only by an agreement—

(a)which is entered into after the dispute has arisen,

(b)which allows the consumer to bring proceedings in courts other than those indicated in this section, or

(c)which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the United Kingdom and in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part of the United Kingdom, provided that such an agreement is not contrary to the law of that part of the United Kingdom.

(7)For the purposes of this section, where a consumer enters into a consumer contract with a party who is not domiciled in the United Kingdom, the other party to the contract is deemed to be domiciled in a particular part of the United Kingdom if that party has a branch, agency or establishment in that part of the United Kingdom and the dispute arose out of the operations of that branch, agency or establishment.

15CJurisdiction in relation to individual contracts of employmentU.K.

(1)This section applies in relation to proceedings whose subject-matter is a matter relating to an individual contract of employment.

(2)The employer may be sued by the employee—

(a)where the employer is domiciled in the United Kingdom, in the courts for the part of the United Kingdom in which the employer is domiciled,

(b)in the courts for the place in the United Kingdom where or from where the employee habitually carries out the employee's work or last did so (regardless of the domicile of the employer), or

(c)if the employee does not or did not habitually carry out the employee's work in any one part of the United Kingdom [F81or any one overseas country], in the courts for the place in the United Kingdom where the business which engaged the employee is [F82or was] situated (regardless of the domicile of the employer).

(3)If the employee is domiciled in the United Kingdom, the employer may only sue the employee in the part of the United Kingdom in which the employee is domiciled (regardless of the domicile of the employer).

(4)Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).

(5)Subsections (2) and (3) do not affect—

(a)the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,

(b)the operation of rule 3(e) of Schedule 4,

(c)the operation of rule 5(a) of Schedule 4 so far as it permits an employer to be sued by an employee, or

(d)the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.

(6)Subsections (2) and (3) may be departed from only by an agreement which—

(a)is entered into after the dispute has arisen, or

(b)allows the employee to bring proceedings in courts other than those indicated in this section.

(7)For the purposes of this section, where an employee enters into an individual contract of employment with an employer who is not domiciled in the United Kingdom, the employer is deemed to be domiciled in the relevant part of the United Kingdom if the employer has a branch, agency or other establishment in that part of the United Kingdom and the dispute arose from the operation of that branch, agency or establishment.

Textual Amendments

F81Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(a)

F82Words in s. 15C(2)(c) inserted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 3(b)

15DFurther provision as to jurisdictionU.K.

(1)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of section 15B(6) or 15C(6).

(2)Even if it would not otherwise have jurisdiction under section 15B or 15C, a court of a part of the United Kingdom before which a defendant enters an appearance has jurisdiction in those proceedings.

(3)Subsection (2) does not apply where —

(a)appearance was entered to contest the jurisdiction, or

(b)another court in the United Kingdom has exclusive jurisdiction by virtue of rule 11 of Schedule 4.

(4)Subsection (2) does not apply if the defendant is the consumer or employee in relation to the subject-matter of the proceedings, unless the defendant is informed by the court of—

(a)the defendant's right to contest the jurisdiction, and

(b)the consequences of entering or not entering an appearance.

(5)Subsection (6) applies where—

(a)a defendant domiciled in the United Kingdom is sued in a court of a part of the United Kingdom other than the part in which the defendant is domiciled and does not enter an appearance, and

(b)the subject-matter of the proceedings is a matter in relation to which section 15B or 15C applies.

(6)The court must—

(a)declare of its own motion that it has no jurisdiction, unless it has jurisdiction by virtue of section 15B or 15C or a rule referred to in section 15B(4) or (5) or 15C(4) or (5);

(b)stay the proceedings so long as it is not shown that—

(i)the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable the defendant to arrange for the defendant's defence, or

(ii)all necessary steps have been taken to this end.

(7)Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, by virtue of section 15B or 15C or this section, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.

15EInterpretationU.K.

(1)In sections 15A to 15D and this section—

  • “consumer”, in relation to a consumer contract, means a person who concludes the contract for a purpose which can be regarded as being outside the person's trade or profession;

  • “consumer contract” means—

    (a)

    a contract for the sale of goods on instalment credit terms,

    (b)

    a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods, or

    (c)

    a contract which has been concluded with a person who—

    (i)

    pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled, or

    (ii)

    by any means, directs such activities to that part or to other parts of the United Kingdom including that part,

    and which falls within the scope of such activities,

    but it does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation or a contract of insurance,

  • “defendant” includes defender.

(2)In determining any question as to the meaning or effect of any provision contained in sections 15A to 15D and this section—

(a)regard is to be had to any relevant principles laid down before [F83IP completion day] by the European Court in connection with Title II of the 1968 Convention or Chapter 2 of the Regulation and to any relevant decision of that court before [F84IP completion day] as to the meaning or effect of any provision of that Title or Chapter, and

(b)without prejudice to the generality of paragraph (a), the expert reports relating to the 1968 Convention may be considered and are, so far as relevant, to be given such weight as is appropriate in the circumstances.]

Textual Amendments

F83Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)

F84Words in s. 15E(2)(a) substituted in earlier amending provision S.I. 2019/479, reg. 26 (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(b)(ii)

[F85Jurisdiction in other civil proceedings]U.K.

Textual Amendments

16 Allocation within U.K. of jurisdiction in certain civil proceedings.U.K.

(1)The provisions set out in Schedule 4 (which contains a modified version of [F86Chapter II of the Regulation]) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

[F87(a)the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation [F88would have had effect before [F89IP completion day]] in relation to the proceedings); and]

(b)the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in [F90[F91Article 24] of the Regulation] (exclusive jurisdiction regardless of domicile).

[F92(1A)This section and Schedule 4 do not apply for the purposes of determining jurisdiction in proceedings in relation to which section 15B, 15C or 15D(2) applies, except as specified in those sections.]

F93(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In determining any question as to the meaning or effect of any provision contained in Schedule 4—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F94or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F95or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), [F96the expert reports relating to the 1968 Convention] may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

[F97(3A)The requirement in subsection (3)(a) applies only in relation to principles laid down, or decisions made, by the European Court before [F98IP completion day].]

(4)The provisions of this section and Schedule 4 shall have effect subject to F99... F100... F101... [F102and the 2005 Hague Convention] and to the provisions of [F103sections 15B, 15C, 15D and 17].

X2(5)In section 15(1)(a) of the M1Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

“(vi)Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or”.

Editorial Information

X2The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F86Words in s. 16(1) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(i) (with transitional provisions in art. 6)

F87S. 16(1)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(ii) (with transitional provisions in art. 6)

F89Words in s. 16(1)(a) substituted in earlier amending provision S.I. 2019/479, reg. 28(2) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(i)

F90Words in s. 16(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(iii) (with transitional provisions in art. 6)

F93S. 16(2) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(b) (with transitional provisions in art. 6)

F94Words in s. 16(3)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(i) (with transitional provisions in art. 6)

F95Words in s. 16(3)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(ii) (with transitional provisions in art. 6)

F98Words in s. 16(3A) substituted in earlier amending provision S.I. 2019/479, reg. 28(5) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(c)(ii)

Marginal Citations

17 Exclusion of certain proceedings from Schedule 4.U.K.

(1)Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

(b)remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2)—

(a)may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

(b)may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Modifications etc. (not altering text)

[F104Recognition of judgments]U.K.

Textual Amendments

18 Enforcement of U.K. judgments in other parts of U.K.U.K.

(1)In relation to any judgment to which this section applies—

(a)Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

(b)Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

(2)In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

(a)any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

(b)any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or [F105the county court];

(c)any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

(d)any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

(e)an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

[F106(f)an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation F107... within the [F108meaning] given by section 341 of that Act [F109or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act)];]

[F110(g)an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation [F111, a detained property investigation or a frozen funds investigation] within the [F112meanings] given by section 341 of that Act;]

and, subject to the following provisions of this section, this section applies to all such judgments.

(3)Subject to [F113subsections (4) [F114, (4ZA) and (4ZB)]], this section does not apply to—

(a)a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

(b)a judgment given in proceedings other than civil proceedings;

[F115(ba)a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section [F116426 of the Insolvency Act 1986];]

(c)a judgment given in proceedings relating to—

F117(i)(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the obtaining of title to administer the estate of a deceased person;

[F118(d)an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).]

(4)This section applies, whatever the nature of the proceedings in which it is made, to—

(a)a decree issued under section 13 of the M2Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

(b)an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the M3Contempt of Court Act 1981 or section 140 of the M4[F119Senior Courts Act 1981] (which relate to fines for contempt of court and forfeiture of recognisances).

[F120(4ZA)This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.]

[F121(4ZB)This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

(a)an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

(b)an order for the forfeiture of money made under section 303Z14 of that Act;

(c)an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

(d)an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.]

[F122(4A)This section does not apply as respects—

(a)the enforcement in Scotland of orders made by the High Court or [F123the county court] in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

(b)the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of [F124the Proceeds of Crime (Scotland) Act 1995]]

(5)This section does not apply to so much of any judgment as—

(a)is an order to which section 16 of the M5Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

(b)concerns the status or legal capacity of an individual;

(c)relates to the management of the affairs of a person not capable of managing his own affairs;

(d)is a provisional (including protective) measure [F125other than an order of any of the following kinds—

(i)a freezing order of the kind mentioned in paragraph (a) or (c) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);

(ii)an order for the making of an interim payment;

(iii)an interim order made in connection with the civil recovery of proceeds of unlawful conduct;

(iv)an interim freezing order under section 362J of the Proceeds of Crime Act 2002;

(v)an interim freezing order under section 396J of that Act.]

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

(6)The following are within subsection (5)(b), but without prejudice to the generality of that provision—

(a)[F126a judicial separation order or] a decree of judicial separation or of separation;

[F127(b)any order which is a Part I order for the purposes of The Family Law Act 1986.]

[F128(6A)In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—

(a)a property freezing order or prohibitory property order;

(b)an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);

(c)an interim receiving order or interim administration order.

[F129(d)an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).]]

(7)This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M6Administration of Justice Act 1920, Part I of the M7Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M8Maintenance Orders (Reciprocal Enforcement) Act 1972 [F130, the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012] F131... F132....

(8)A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

Textual Amendments

F105Words in s. 18(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 66; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F109Words in s. 18(2)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F111Words in s. 18(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F112Word in s. 18(2)(g) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F113Words in s. 18(3) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F114Words in s. 18(3) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F120S. 18(4ZA) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 7(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F121S. 18(4ZB) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(5); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F122S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6

F123Words in s. 18(4A)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F124Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42

F125Words in s. 18(5)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 3(6); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(a)

F127S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.

F128S. 18(6A) inserted (E.W.S.) (1.6.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 18 para. 3; S.I. 2015/964, art. 2(b); and insertion extended to N.I. (20.3.2015) by S.I. 2015/798, arts. 1(2), 7(a)

F130Words in s. 18(7) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(2)

Modifications etc. (not altering text)

C13S. 18: power to exclude conferred (1.12.1993) (by adding 1991 c. 24, Sch. 4 para. 19(4)), by 1993 c. 36, s. 46 (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.

S. 18: power to restrict conferred (E.W.) (3.2.1995) by 1994 c. 37, S. 38(4)

S. 18: power to exclude conferred (S.) (1.4.1996) by 1995 c. 43, s. 39(4)

S. 18: power to exclude conferred (N.I.) (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 3(3)

C14S. 18 excluded (E.W.) (1.9.1995) by S.I. 1995/1967, art. 2(2)

S. 18 excluded (E.W.) (1.9.1995) by S.I. 1995/1968, art. 2(2)

S. 18 excluded (S.) (1.5.1998) by S.I. 1998/752, art. 3(3)

C15S. 18 excluded (S.) (coming into force in accordance with reg. 1(b) of the amending S.S.I.) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 8(4)

C16S. 18 excluded (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 1 para. 6(6)

C17S. 18 excluded (N.I.) (coming into force in accordance with reg. 1(1) of the amending Regulations) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012 (S.R. 2012/413), reg. 1(1), Sch. 1 para. 6(6)

C19S. 18(7) extended (1.4.1993) by S.I. 1993/604, art. 7.

S. 18(7) extended (1.3.2002) by S.I. 2001/3928, art. 3

Marginal Citations

19 Recognition of U.K. judgments in other parts of U.K.U.K.

(1)A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part.

(2)Subject to subsection (3), this section applies to any judgment to which section 18 applies.

(3)This section does not apply to—

(a)the documents mentioned in paragraph (c) of the definition of “judgment” in section 18(2);

(b)the awards and orders mentioned in paragraphs (d) and (e) of that definition;

(c)the decrees and orders referred to in section 18(4).

Part IIIU.K. Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.U.K.

(1)Subject to F133... Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)[F134Section 43 of the Courts Reform (Scotland) Act 2014 does not apply—]

[F135(a)]F136...in relation to any matter to which Schedule 8 applies.F137...

F137(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F139 . . .—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F140or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F141or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), [F142the expert reports relating to the 1968 Convention] may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

[F143(6)The requirement in subsection (5)(a) applies only in relation to principles laid down, or decisions made, by the European Court before IP completion day.]

Textual Amendments

F135Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)

F138S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

F139Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

F140Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

F141Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)

21 Continuance of certain existing jurisdictions.U.K.

(1)Schedule 8 does not affect—

(a)the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;

(b)without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 9 any description of proceedings; and

(b)remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2) may—

(a)make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and

(b)contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Modifications etc. (not altering text)

22 Supplementary provisions.U.K.

(1)Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.

(2)Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court.

(3)For the avoidance of doubt, it is declared that nothing in Schedule 8 affects thenobile officium of the Court of Session.

(4)Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which—

(a)is ancilliary or incidental to the proceedings; or

(b)requires to be determined for the purposes of a decision in the proceedings.

23 Savings and consequential amendments.U.K.

(1)Nothing in Schedule 8 shall affect—

(a)the power of any court to vary or recall a maintenance order granted by that court;

(b)the power of a sheriff court under section 22 of the M9Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or

(c)the power of a sheriff court under section 9 of the M10Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act.

X3(2)The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8.

Editorial Information

X3The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Part IVU.K. Miscellaneous Provisions

Provisions relating to jurisdictionU.K.

24 Interim relief and protective measures in cases of doubtful jurisdiction.U.K.

(1)Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—

(a)the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; F144...

F144(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

(a)the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; F147...

F147(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

Textual Amendments

25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.U.K.

(1)The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where—

(a)proceedings have been or are to be commenced in F150...[F151 a 2005 Hague Convention State] F152... F153... other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and

[F154(b)they are or will be proceedings whose subject-matter is F155... F156... F157... within scope of the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention (whether or not F158...F159... F160... the 2005 Hague Convention has effect in relation to the proceedings).]

(2)On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it.

(3)Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced or to be commenced otherwise than in F161...[F162 a 2005 Hague Convention State] F163... F164...;

(b)proceedings whose subject-matter is not within the scope F165. . . of F166... F167..., F168...[F169 the 2005 Hague Convention as determined by Articles 1 and 2 of the 2005 Hague Convention.]

F170(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An Order in Council under subsection (3)—

(a)may confer power to grant only specified descriptions of interim relief;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

F171(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “interim relief”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than—

(a)a warrant for the arrest of property; or

(b)provision for obtaining evidence.

Textual Amendments

F170S. 25(3)(c) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

F171S. 25(5) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4, S.I. 1996/3146, art. 3, Sch. 2

Modifications etc. (not altering text)

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.U.K.

(1)Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted F172 . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—

(a)order that the property arrested be retained as security for the satisfaction of any award or judgment which—

(i)is given in respect of the dispute in the F173 . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and

(ii)is enforceable in England and Wales or, as the case may be, in Northern Ireland; or

(b)order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.

(2)Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant F174 . . . legal proceedings.

(3)Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.

Textual Amendments

F172Words in s. 26(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

F174Words in s. 26(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.U.K.

(1)The Court of Session may, in any case to which this subsection applies—

(a)subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;

(b)subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland;

[F175(ba)subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland;] and

(c)grant interim interdict.

(2)Subsection (1) applies to any case in which—

(a)proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, F176... F177... [F178, in another 2005 Hague Convention State] or in England and Wales or Northern Ireland;

[F179(b)the subject-matter of the proceedings F180...[F181 is within scope of]F182...[F183is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention]; and]

(c)in relation to paragraphs (a) [F184, (b) and (ba)] of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.

(3)Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced otherwise than in F185... F186...[F187 a 2005 Hague Convention State];

(b)proceedings whose subject-matter is not within the scope of F188... F189...[F190 the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention];

(c)arbitration proceedings;

(d)in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in F191..., F192...[F193or a 2005 Hague Convention State].

(4)An Order in Council under subsection (3)—

(a)may confer power to do only certain of the things mentioned in subsection (1) or in section 28;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

(5)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F179S. 27(2)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 11(b)

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.U.K.

F194[(1)]When any proceedings have been brought, or are likely to be brought, F195... [F196in a 2005 Hague Convention State] or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the [F197Regulation] as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M11Administration of Justice (Scotland) Act 1972 [F198as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985] as if the proceedings in question had been brought, or were likely to be brought, in that court.

F199(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)

Marginal Citations

29 Service of county court process outside Northern Ireland.U.K.

The County Court Rules Committee established by Article 46 of the M12County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—

“(f)the service of process outside Northern Ireland, and the conditions subject to which process may be so served.”.

Marginal Citations

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.U.K.

(1)The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.

(2)Subsection (1) has effect subject to F200... the provisions set out in Schedule 4.

Textual Amendments

Provisions relating to recognition and enforcement of judgmentsU.K.

31 Overseas judgments given against states, etc.U.K.

(1)A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—

(a)it would be so recognised and enforced if it had not been given against a state; and

(b)that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the M13State Immunity Act 1978.

(2)References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—

(a)judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;

(b)judgments against the sovereign or head of state in his public capacity;

(c)judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.

(3)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the M14Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M15Carriage of Goods by Road Act 1965, section 17(4) of the M16Nuclear Installations Act 1965, section [F201166(4) of the Merchant Shipping Act 1995], [F202regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005]F203. . . .

(4)Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.

(5)In this section “state", in the case of a federal state, includes any of its constituent territories.

Textual Amendments

F201Words in s. 31(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 66(a) (with s. 312(1))

Marginal Citations

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.U.K.

(1)Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

(a)the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

(b)those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and

(c)that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.

(2)Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

(3)In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

(4)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

(a)a judgment which is required to be recognised or enforced there under [F204the 2005 Hague Convention] F205... F206... [F207or the 2007 Hague Convention];

(b)a judgment to which Part I of the M17Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M18Carriage of Goods by Road Act 1965, section 17(4) of the M19Nuclear Installations Act 1965, F208 . . . [F209regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005]F210. . . or [F211section 177(4) of the Merchant Shipping Act 1995].

Textual Amendments

F207Words in s. 32(4)(a) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(3)

F208Words in s. 32(4)(b) repealed (1.1.1996) by 1995 c. 21, ss. 314(1)(2), 316(2), Schs. 12, 13, para. 66(b)(i) (with ss. 312(1), Sch. 14 para. 1)

F210Words in s. 32(4)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14

F211Words in s. 32(4)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), Sch. 13 para. 66(b)(ii) (with s. 312(1))

Marginal Citations

33 Certain steps not to amount to submission to jurisdiction of overseas court.U.K.

(1)For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

(a)to contest the jurisdiction of the court;

(b)to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

(c)to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

(2)Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under F212... F213... [F214the 2007 Hague Convention] [F215or the 2005 Hague Convention].

Textual Amendments

F214Words in s. 33(2) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 5(4)

34 Certain judgments a bar to further proceedings on the same cause of action.U.K.

No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.

35 Minor amendments relating to overseas judgments.U.K.

(1)The M20Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.

X4(2)For section 10 of the M21Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—

“10(1)Where—

(a)a judgement has been obtained in the High Court in England or Northern Ireland, or in the Court of Session in Scotland, against any person ; and

(b)the judgments creditor wishes to secure the enforcement of the judgement in a part of Her Majesty’s dominions outside the United Kingdom to which this Part of this Act extends,

the court shall, on an application made by the judgement creditor, issue to him a certified copy of the judgement.

(2)The reference in the preceding subsection to Her Majesty’s dominions shall be construed as if that subsection had come into force in its present form at the commencement of this Act.”.

X4(3)In section 14 of the M22Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—

“(3)Her Majesty may by Order in Council under this section consolidate any Orders in Council under this section which are in force when the consolidating Order is made.”.

Editorial Information

X4The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

36 Registration of maintenance orders in Northern Ireland.U.K.

(1)Where—

(a)a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the M23Maintenance Orders Act 1950; or

(b)a [F216family] court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.

(2)In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.

(3)Section 2 (except subsection (6A)) and section 2A of the M24Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—

(a)“registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);

(b)any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and

(c)any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland;

[F217(d)for section 2(6), there were substituted the following subsections—

“(6)Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—

(a)if payments under the magistrates’ court order are required to be made (otherwise than to a collecting officer) by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;

(b)any order by virtue of which sums payable under the magistrates’ court order are required to be paid to the collecting officer (whether or not by any method of payment falling within Article 85(7) of that Order) on behalf of the person entitled thereto shall cease to have effect.

(6ZA)Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—

(a)if a means of payment order (within the meaning of Article 96A(7) of the Judgments Enforcement (Northern Ireland) Order 1981) has effect in relation to the order in question, it shall continue to have effect after registration; and

(b)in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to the collecting officer.

(6ZB)Any such order as to payment—

(a)as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 13A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966; and

(b)as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 12(2) or 13(2A) or (5A) of that Act of 1966.

(6ZC)Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to the collecting officer, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

(6ZD)In subsections (6), (6ZA) and (6ZC) of this section “collecting officer” means the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.”]

(4)Where an order is registered in Northern Ireland under this section, Part II of the M25Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part [F218, as if—

(a)in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and

(b)for section 13(5A), there were substituted the following subsection—

““(5A)Subject to the following provisions of this section, paragraphs (4) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order as they apply in relation to a maintenance order made by a court of summary jurisdiction (disregarding Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980) but—

(a)as if for paragraph (4)(b) there were substituted—

“(b)payments under the order are required to be made to the collecting officer, by any method of payment falling within Article 85(7) (standing order, etc.);”

F219...

(b) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (9)”;

(c)as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(d)as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (9)”;

(e)as if for paragraphs (9) and (10) there were substituted the following paragraphs—

““(9)The powers of the court are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(10)In deciding which of the powers under paragraph (9) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10A)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (9) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 86(9)””.]

(5)A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear [F220an application] by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such [F220an application] is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the M26Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to [F220the application] as it has effect in relation to the proceedings therein mentioned.

[F221(5A)Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.]

X5(6)The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.

Editorial Information

X5The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F216Word in s. 36(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(15); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F217S. 36(3)(d) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(a); S.R. 1996/454, art. 3

F218S. 36(4)(a)-(e) and preceding words inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(b); S.R. 1996/454, art. 3

F220Words in s. 36(5) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(1); S.R. 1996/297, art. 2(2)

F221S. 36(5A) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(2); S.R. 1996/297 art. 2(2)

Marginal Citations

37 Minor amendments relating to maintenance orders.U.K.

(1)The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows—

  • Part I—to extend certain enforcement provisions to lump sum maintenance orders;

  • Part II—to provide for the recovery of interest according to the law of the country of origin in the case of maintenance orders made in other jurisdictions and registered in the High Court;

  • Part III—to extend the M27Maintenance Orders (Reciprocal Enforcement) Act 1972 to cases where the payer under a maintenance order is not resident within the jurisdiction but has assets there.

F222(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

X638 Overseas judgments counteracting an award of multiple damages.U.K.

(1)Section 7 of the M28Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.

(2)In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.

(3)After subsection (1) there shall be inserted—

“(1A)Such an Order in Council may, as respects judgments to which it relates—

(a)make different provisions for different descriptions of judgments ; and

(b)impose conditions or restrictions on the enforcement of judgments of any description.”.

Editorial Information

X6The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territoriesU.K.

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.U.K.

(1)Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.

(2)The territories referred to in subsection (1) are—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F223(c)Gibraltar;

(d)the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M29Cyprus Act 1960).]

[F223(c)any colony.]

(3)An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.

(4)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F223S. 39(2)(c) consisting of words “any colony." substituted (1.10.1991) for s. 39(2)(c) and (d) commencing “(c) Gibraltar" by S.I. 1990/2591, art. 10

Marginal Citations

Legal aidU.K.

40 Power to modify enactments relating to legal aid etc.U.K.

F224(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F225(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F226(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part VU.K. Supplementary and General Provisions

DomicileU.K.

41 Domicile of individuals.U.K.

(1)F227... The following provisions of this section determine, for the purposes of F228...this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom F229....

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

F230(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C23S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

F23141A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42 Domicile and seat of corporation or association.U.K.

(1)For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where a corporation or association has its seat—

F232(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

(3)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(4)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)it has its registered office or some other official address in that part; or

(b)its central management and control is exercised in that part; or

(c)it has a place of business in that part.

[F233(4A)For the purposes of sections 15A to 15E and rules 1, 2, 3, 5, 11(a)(ii) and 15(1) in Schedule 4, the requirement in subsection (4) that a corporation or association has its seat in the United Kingdom is to be treated as satisfied if the corporation or association satisfies the requirement in section 42A(2) for having its domicile in the United Kingdom.]

(5)A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

(a)it has its registered office or some other official address in that place; or

(b)its central management and control is exercised in that place; or

(c)it has a place of business in that place.

(6)F234... A corporation or association has its seat in a state other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

(b)its central management and control is exercised in that state.

[F235(6A)Subsections (1), (3) and (6) are subject to section 42A.]

F236(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • “business” includes any activity carried on by a corporation or association, and “place of business” shall be construed accordingly;

  • “official address”, in relation to a corporation or association, means an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

Textual Amendments

Modifications etc. (not altering text)

C27S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

[F23742ADomicile of corporation or association for purposes of certain civil proceedingsU.K.

(1)This section determines whether a corporation or association is domiciled in the United Kingdom for the purposes of—

(a)sections 15A to 15E, and

(b)section 16(1)(b).

(2)A corporation or association has its domicile in the United Kingdom if and only if—

(a)its registered office is at a place in the United Kingdom,

(b)its place of incorporation is in the United Kingdom (in a case where it has no registered office),

(c)the place under the law of which its formation took place is a place in the United Kingdom (in a case where it has no registered office or place of incorporation),

(d)its central administration is in the United Kingdom, or

(e)its principal place of business is in the United Kingdom.]

Textual Amendments

43 Seat of corporation or association for purposes of [F238certain] provisions.U.K.

(1)The following provisions of this section determine where a corporation or association has its seat for the purposes of—

F239(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F240rules 4 and 11(b)] in Schedule 4; and

(c)[F241rules 2(l) and 5(1)(b)] in Schedule 8.

(2)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)subject to subsection (5), it was incorporated or formed under the law of that part; or

(b)being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

(4)A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

(a)it has its registered office or some other official address in that place; or

(b)it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

(5)A corporation or association incorporated or formed under—

(a)an enactment forming part of the law of more than one part of the United Kingdom; or

(b)an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

F242(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “official address” has the same meaning as in section 42.

Textual Amendments

F240Words in s. 43(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(a)

F241Words in s. 43(1)(c) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 16(b)

F24443ASeat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24544Persons deemed to be domiciled in the United Kingdom for certain purposes.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24644APersons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano ConventionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

45 Domicile of trusts.U.K.

(1)The following provisions of this section determine, for the purposes of F247... this Act, where a trust is domiciled.

(2)A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

(3)A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

Textual Amendments

Modifications etc. (not altering text)

C32S. 45 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))

46 Domicile and seat of the Crown.U.K.

(1)For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where the Crown has its seat—

F248(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of this Act.

(3)Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

(a)the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;

[F249(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland;] and

(b)the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

(4)Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of F250... this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

(5)An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

(6)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom [F251, the Scottish Administration] or Her Majesty’s government in Northern Ireland.

Textual Amendments

F249S. 46(3)(aa) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2)(with s. 126(3)); S.I. 1998/3178, art. 2(2), Sch. 3

F251Words in s. 46(7) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2) (with s. 126(3)); S.I. 1998/3179, art. 2(2), Sch. 3

Modifications etc. (not altering text)

C34S. 46 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))

Other supplementary provisionsU.K.

F25247Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

48 Matters for which rules of court may provide.U.K.

[F253(1)Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act, F254... F255... [F256the 1996 Hague Convention,] the 2007 Hague Convention or the 2005 Hague Convention.]

(2)Rules of court may make provision as to the manner in which and the conditions subject to which a [F257 certificate or judgment—

(a)which has been registered in any court under any provision of this Act F258[F259... or the 2007 Hague Convention,]

F260(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F261(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F262(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may be enforced,] including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

(3)Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for [F263the family court, the power to make rules of court for magistrates' courts in Northern Ireland,] and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of F264... F265... [F266, the 2007 Hague Convention] and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

(a)authorising the service in another F267... F268[F269[F270... 2007 Hague Convention State]] of process issued by or for the purposes of [F271the family court or] a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another F267[F269... F268[F270... 2007 Hague Convention State]];

(b)requesting courts in other parts of the United Kingdom or in other F272... F273[F274... 2007 Hague Convention States] to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

(c)the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

(d)the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

(e)the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another F275[F276... F277[F278... 2007 Hague Convention State,]], or by a judge or official of such a court, which purport—

(i)to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

(ii)to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

(iii)to record information relating to the payments made under an order of that court;

(f)the circumstances and manner in which [F279the family court or] a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

(g)the cases and manner in which courts in other parts of the United Kingdom or in other F280... F281[F282[F283... 2007 Hague Convention States]] are to be informed of orders made, or other things done, by or for the purposes of [F284the family court or] a magistrates’ court;

(h)the circumstances and manner in which [F285the family court or] a magistrates’ court may communicate for other purposes with such courts;

(i)the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

(4)Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

Textual Amendments

F263Words in s. 48(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F271Words in s. 48(3)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F279Words in s. 48(3)(f) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F284Words in s. 48(3)(g) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F285Words in s. 48(3)(h) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(16)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C38S. 48 applied (1.4.1993) by S.I. 1993/604, art. 8.

S. 48 applied (with modifications) (1.3.2002) by S.I. 2001/3928, art. 4

49 Saving for powers to stay, sist, strike out or dismiss proceedings.U.K.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with F286...[F287 the 2005 Hague Convention].

Textual Amendments

GeneralU.K.

50 Interpretation: general.U.K.

In this Act, unless the context otherwise requires—

  • [F288“the Accession Convention”, [F289“the 1982 Accession Convention” [F290and “the 1989 Accession Convention”]] have the meaning given by section 1(1);]

  • F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “association” means an unincorporated body of persons;

  • F292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “Contracting State” has the meaning given by section 1(3);

  • “the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a);

  • F294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “corporation” means a body corporate, and includes a partnership subsisting under the law of Scotland;

  • “court”, without more, includes a tribunal;

  • “court of law”, in relation to the United Kingdom, means any of the following courts, namely—

    (a)

    [F295the Supreme Court,]

    (aa)

    [F296in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,]

    (b)

    in F297... Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,

    (c)

    in Scotland, the Court of Session [F298, the Sheriff Appeal Court] and a sheriff court;

  • “enactment” includes an enactment comprised in Northern Ireland legislation;

  • [F299“the expert reports relating to the 1968 Convention” means—

    (a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol;

    (b) the report by Professor Peter Schlosser on the Accession Convention;

    (c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention; and

    (d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention;]

  • [F300“the 2005 Hague Convention” has the meaning given by section 1(1);

  • “2005 Hague Convention State” has the meaning given by section 1(3);]

  • [F301“the 2007 Hague Convention” has the meaning given by section 1(1);

  • “2007 Hague Convention State” has the meaning given by section 1(3);]

  • “the Crown” is to be construed in accordance with section 51(2);

  • “judgment”, subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;

  • F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;

  • F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “modifications” includes additions, omissions and alterations;

  • “overseas country” means any country or territory outside the United Kingdom;

  • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • “the 1971 Protocol” has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a);

  • [F306“the Regulation” has the meaning given by section 1(1);]

  • F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “rules of court”, in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—

    (a)

    in Scotland, Acts of Sederunt;

    (b)

    in Northern Ireland, Judgment Enforcement Rules;

  • F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—

    (a)

    subordinate legislation (as defined in section 21(1) of the M30Interpretation Act 1978); or

    (b)

    any instrument of a legislative character made under any Northern Ireland legislation;

  • “tribunal”—

    (a)

    means a tribunal of any description other than a court of law;

    (b)

    F309...

Textual Amendments

F288Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9

F295S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)

F296Words in s. 50 inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F297Words in s. 50 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F302S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)

F306S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

Marginal Citations

51 Application to Crown.U.K.

(1)This Act binds the Court.

(2)In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.U.K.

(1)This Act extends to Northern Ireland.

(2)Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F310(c)any colony.]

Textual Amendments

F310S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10

Modifications etc. (not altering text)

C44S. 52(2) power to extend (with modifications) (Channel Islands or Isle of Man) any amendments or repeals made to this Act by 2016 c. 19, to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(b)

53 Commencement, transitional provisions and savings.U.K.

(1)This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

(2)The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

Subordinate Legislation Made

P1Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044

X754 Repeals.U.K.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

Editorial Information

X7The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title.U.K.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

SCHEDULES

F311SCHEDULE 1U.K.TEXT OF 1968 CONVENTION, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F312SCHEDULE 2U.K. TEXT OF 1971 PROTOCOL, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(2).

F313SCHEDULE 3U.K. TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(2)

F314SCHEDULE 3AU.K.TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2(2)

F315SCHEDULE 3BU.K. TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316SCHEDULE 3BBU.K. TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F317F317 [F318[F319Schedule 3C]U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F328SCHEDULE 3DU.K.Text of the 1996 Hague Convention

Textual Amendments

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of ChildrenU.K.

(Concluded 19 October 1996)

The States signatory to the present Convention,

Considering the need to improve the protection of children in international situations,

Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,

Recalling the importance of international co-operation for the protection of children,

Confirming that the best interests of the child are to be a primary consideration,

Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,

Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,

Have agreed on the following provisions—

CHAPTER IU.K.SCOPE OF THE CONVENTION

Article 1U.K.

(1)The objects of the present Convention are—

(a)to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;

(b)to determine which law is to be applied by such authorities in exercising their jurisdiction;

(c)to determine the law applicable to parental responsibility;

(d)to provide for the recognition and enforcement of such measures of protection in all Contracting States;

(e)to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

(2)For the purposes of this Convention, the term ‘parental responsibility’ includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians or other legal representatives in relation to the person or the property of the child.

Article 2U.K.

The Convention applies to children from the moment of their birth until they reach the age of 18 years.

Article 3U.K.

The measures referred to in Article 1 may deal in particular with—

(a)the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;

(b)rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence;

(c)guardianship, curatorship and analogous institutions;

(d)the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child;

(e)the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;

(f)the supervision by a public authority of the care of a child by any person having charge of the child;

(g)the administration, conservation or disposal of the child's property.

Article 4U.K.

The Convention does not apply to—

(a)the establishment or contesting of a parent-child relationship;

(b)decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;

(c)the name and forenames of the child;

(d)emancipation;

(e)maintenance obligations;

(f)trusts or succession;

(g)social security;

(h)public measures of a general nature in matters of education or health;

(i)measures taken as a result of penal offences committed by children;

(j)decisions on the right of asylum and on immigration.

CHAPTER IIU.K.JURISDICTION

Article 5U.K.

(1)The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child's person or property.

(2)Subject to Article 7, in case of a change of the child's habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.

Article 6U.K.

(1)For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5.

(2)The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.

Article 7U.K.

(1)In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual residence in another State, and

(a)each person, institution or other body having rights of custody has acquiesced in the removal or retention; or

(b)the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.

(2)The removal or the retention of a child is to be considered wrongful where—

(a)it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

(b)at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

(3)So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.

Article 8U.K.

(1)By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either

  • — request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or

  • — suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.

(2)The Contracting States whose authorities may be addressed as provided in the preceding paragraph are—

(a)a State of which the child is a national,

(b)a State in which property of the child is located,

(c)a State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage,

(d)a State with which the child has a substantial connection.

(3)The authorities concerned may proceed to an exchange of views.

(4)The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child's best interests.

Article 9U.K.

(1)If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child's best interests, they may either

  • — request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorised to exercise jurisdiction to take the measures of protection which they consider to be necessary, or

  • — invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.

(2)The authorities concerned may proceed to an exchange of views.

(3)The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.

Article 10U.K.

(1)Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if—

(a)at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and

(b)the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.

(2)The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.

Article 11U.K.

(1)In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection.

(2)The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation.

(3)The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

Article 12U.K.

(1)Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Article 5 to 10.

(2)The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation.

(3)The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

Article 13U.K.

(1)The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.

(2)The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.

Article 14U.K.

The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.

CHAPTER IIIU.K.APPLICABLE LAW

Article 15U.K.

(1)In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.

(2)However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a substantial connection.

(3)If the child's habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.

Article 16U.K.

(1)The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.

(2)The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child's habitual residence at the time when the agreement or unilateral act takes effect.

(3)Parental responsibility which exists under the law of the State of the child's habitual residence subsists after a change of that habitual residence to another State.

(4)If the child's habitual residence changes, the attribution of parental responsibilty by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.

Article 17U.K.

The exercise of parental responsibility is governed by the law of the State of the child's habitual residence. If the child's habitual residence changes, it is governed by the law of the State of the new habitual residence.

Article 18U.K.

The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.

Article 19U.K.

(1)The validity of a transaction entered into between a third party and another person who would be entitled to act as the child's legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child's legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.

(2)The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.

Article 20U.K.

The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.

Article 21U.K.

(1)In this Chapter the term “law” means the law in force in a State other than its choice of law rules.

(2)However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.

Article 22U.K.

The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.

CHAPTER IVU.K.RECOGNITION AND ENFORCEMENT

Article 23U.K.

(1)The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.

(2)Recognition may however be refused—

(a)if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;

(b)if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;

(c)on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;

(d)if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;

(e)if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;

(f)if the procedure provided in Article 33 has not been complied with.

Article 24U.K.

(1)Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

Article 25U.K.

The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.

Article 26U.K.

(1)If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.

(2)Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.

(3)The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.

Article 27U.K.

Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.

Article 28U.K.

Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.

CHAPTER VU.K.CO-OPERATION

Article 29U.K.

(1)A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.

(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

Article 30U.K.

(1)Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.

(2)They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.

Article 31U.K.

(1)The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to—

(a)facilitate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;

(b)facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;

(c)provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may be present and in need of protection within the territory of the requested State.

Article 32U.K.

On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,

(a)provide a report on the situation of the child;

(b)request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.

Article 33U.K.

(1)If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.

(2)The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child's best interests.

Article 34U.K.

(1)Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.

(2)A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.

Article 35U.K.

(1)The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.

(2)The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.

(3)An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child's former habitual residence.

(4)Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.

Article 36U.K.

In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child's residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.

Article 37U.K.

An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child's person or property in danger, or constitute a serious threat to the liberty or life of a member of the child's family.

Article 38U.K.

(1)Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.

(2)Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.

Article 39U.K.

Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

CHAPTER VIU.K.GENERAL PROVISIONS

Article 40U.K.

(1)The authorities of the Contracting State of the child's habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child's person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.

(2)The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.

(3)Each Contracting State shall designate the authorities competent to draw up the certificate.

Article 41U.K.

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Article 42U.K.

The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.

Article 43U.K.

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.

Article 44U.K.

Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.

Article 45U.K.

(1)The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.

(2)The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.

Article 46U.K.

A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.

Article 47U.K.

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

(1)any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

(2)any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;

(3)any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;

(4)any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;

(5)any reference to the State whose authorities are seised of an application for divorce or legal separation of the child's parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;

(6)any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;

(7)any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;

(8)any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;

(9)any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;

(10)any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.

Article 48U.K.

For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply—

(a)if there are rules in force in such a State identifying which territorial unit's law is applicable, the law of that unit applies;

(b)in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.

Article 49U.K.

For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply—

(a)if there are rules in force in such a State identifying which among such laws applies, that law applies;

(b)in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.

Article 50U.K.

This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

Article 51U.K.

In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.

Article 52U.K.

(1)This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.

(2)This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.

(3)Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.

(4)The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.

Article 53U.K.

(1)The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.

(2)The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.

Article 54U.K.

(1)Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.

(2)However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.

Article 55U.K.

(1)A Contracting State may, in accordance with Article 60,

(a)reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;

(b)reserve the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.

(2)The reservation may be restricted to certain categories of property.

Article 56U.K.

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.

CHAPTER VIIU.K.FINAL CLAUSES

Article 57U.K.

(1)The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session.

(2)It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 58U.K.

(1)Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1.

(2)The instrument of accession shall be deposited with the depositary.

(3)Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 59U.K.

(1)If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

(2)Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

(3)If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.

Article 60U.K.

(1)Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted.

(2)Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

(3)The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 61U.K.

(1)The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.

(2)Thereafter the Convention shall enter into force—

(a)for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

(b)for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;

(c)for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 62U.K.

(1)A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

(2)The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.

Article 63U.K.

The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following—

(a)the signatures, ratifications, acceptances and approvals referred to in Article 57;

(b)the accessions and objections raised to accessions referred to in Article 58;

(c)the date on which the Convention enters into force in accordance with Article 61;

(d)the declarations referred to in Articles 34, paragraph 2, and 59;

(e)the agreements referred to in Article 39;

(f)the reservations referred to in Article 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;

(g)the denunciations referred to in Article 62.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.]

[F329SCHEDULE 3EU.K.Declarations made by the United Kingdom in relation to the 1996 Hague Convention

Textual Amendments

PART 1U.K.Declaration concerning applicable territorial units

In accordance with Article 29, paragraph 2, of the Convention, the Government of the United Kingdom declares that it will interpret this paragraph as referring only to cases where the requesting Central Authority does not know to which applicable territorial unit their application should be addressed. In such cases the United Kingdom designates the Central Authority for England to transmit to the relevant Central Authority.

PART 2U.K.Declaration concerning communication of requests under paragraph 1 of Article 34

In accordance with Article 34, paragraph 2, of the Convention, the Government of the United Kingdom declares that requests made under paragraph 1 of Article 34 shall be communicated to its authorities only through the relevant Central Authority.

PART 3U.K.Declaration concerning the use of French

In accordance with Article 54, paragraph 2, of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that it objects to the use of French.]

[F330SCHEDULE 3FU.K.Text of the 2005 Hague Convention

Textual Amendments

Convention on Choice of Court AgreementsU.K.

(Concluded 30 June 2005)

The States Parties to the present Convention,

Desiring to promote international trade and investment through enhanced judicial co-operation,

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgments resulting from proceedings based on such agreements,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER IU.K.SCOPE AND DEFINITIONS

ARTICLE 1U.K.Scope

(1)This Convention shall apply in international cases to exclusive choice of court agreements concluded in civil or commercial matters.

(2)For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State.

(3)For the purposes of Chapter III, a case is international where recognition or enforcement of a foreign judgment is sought.

Article 2U.K.Exclusions from scope

(1)This Convention shall not apply to exclusive choice of court agreements—

(a)to which a natural person acting primarily for personal, family or household purposes (a consumer) is a party;

(b)relating to contracts of employment, including collective agreements.

(2)This Convention shall not apply to the following matters—

(a)the status and legal capacity of natural persons;

(b)maintenance obligations;

(c)other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;

(d)wills and succession;

(e)insolvency, composition and analogous matters;

(f)the carriage of passengers and goods;

(g)marine pollution, limitation of liability for maritime claims, general average, and emergency towage and salvage;

(h)anti-trust (competition) matters;

(i)liability for nuclear damage;

(j)claims for personal injury brought by or on behalf of natural persons;

(k)tort or delict claims for damage to tangible property that do not arise from a contractual relationship;

(l)rights in rem in immovable property, and tenancies of immovable property;

(m)the validity, nullity, or dissolution of legal persons, and the validity of decisions of their organs;

(n)the validity of intellectual property rights other than copyright and related rights;

(o)infringement of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract;

(p)the validity of entries in public registers.

(3)Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings. In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings.

(4)This Convention shall not apply to arbitration and related proceedings.

(5)Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto.

(6)Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.

Article 3U.K.Exclusive choice of court agreements

For the purposes of this Convention—

(a)“exclusive choice of court agreement” means an agreement concluded by two or more parties that meets the requirements of paragraph (c) and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, the courts of one Contracting State or one or more specific courts of one Contracting State to the exclusion of the jurisdiction of any other courts;

(b)a choice of court agreement which designates the courts of one Contracting State or one or more specific courts of one Contracting State shall be deemed to be exclusive unless the parties have expressly provided otherwise;

(c)an exclusive choice of court agreement must be concluded or documented—

(i)in writing; or

(ii)by any other means of communication which renders information accessible so as to be usable for subsequent reference;

(d)an exclusive choice of court agreement that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. The validity of the exclusive choice of court agreement cannot be contested solely on the ground that the contract is not valid.

Article 4U.K.Other definitions

(1)In this Convention, “judgment” means any decision on the merits given by a court, whatever it may be called, including a decree or order, and a determination of costs or expenses by the court (including an officer of the court), provided that the determination relates to a decision on the merits which may be recognised or enforced under this Convention. An interim measure of protection is not a judgment.

(2)For the purposes of this Convention, an entity or person other than a natural person shall be considered to be resident in the State—

(a)where it has its statutory seat;

(b)under whose law it was incorporated or formed;

(c)where it has its central administration; or

(d)where it has its principal place of business.

CHAPTER IIU.K.JURISDICTION

Article 5U.K.Jurisdiction of the chosen court

(1)The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State.

(2)A court that has jurisdiction under paragraph 1 shall not decline to exercise jurisdiction on the ground that the dispute should be decided in a court of another State.

(3)The preceding paragraphs shall not affect rules—

(a)on jurisdiction related to subject matter or to the value of the claim;

(b)on the internal allocation of jurisdiction among the courts of a Contracting State.

However, where the chosen court has discretion as to whether to transfer a case, due consideration should be given to the choice of the parties.

Article 6U.K.Obligations of a court not chosen

A court of a Contracting State other than that of the chosen court shall suspend or dismiss proceedings to which an exclusive choice of court agreement applies unless—

(a)the agreement is null and void under the law of the State of the chosen court;

(b)a party lacked the capacity to conclude the agreement under the law of the State of the court seised;

(c)giving effect to the agreement would lead to a manifest injustice or would be manifestly contrary to the public policy of the State of the court seised;

(d)for exceptional reasons beyond the control of the parties, the agreement cannot reasonably be performed; or

(e)the chosen court has decided not to hear the case.

Article 7U.K.Interim measures of protection

Interim measures of protection are not governed by this Convention. This Convention neither requires nor precludes the grant, refusal or termination of interim measures of protection by a court of a Contracting State and does not affect whether or not a party may request or a court should grant, refuse or terminate such measures.

CHAPTER IIIU.K.RECOGNITION AND ENFORCEMENT

Article 8U.K.Registration and enforcement

(1)A judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.

(2)Without prejudice to such review as is necessary for the application of the provisions of this Chapter, there shall be no review of the merits of the judgment given by the court of origin. The court addressed shall be bound by the findings of fact on which the court of origin based its jurisdiction, unless the judgment was given by default.

(3)A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

(4)Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired. A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.

(5)This Article shall also apply to a judgment given by a court of a Contracting State pursuant to a transfer of the case from the chosen court in that Contracting State as permitted by Article 5, paragraph 3. However, where the chosen court had discretion as to whether to transfer the case to another court, recognition or enforcement of the judgment may be refused against a party who objected to the transfer in a timely manner in the State of origin.

Article 9U.K.Refusal of recognition or enforcement

Recognition or enforcement may be refused if—

(a)the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;

(b)a party lacked the capacity to conclude the agreement under the law of the requested State;

(c)the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,

(i)was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant entered an appearance and presented his case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or

(ii)was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;

(d)the judgment was obtained by fraud in connection with a matter of procedure;

(e)recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State;

(f)the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or

(g)the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

Article 10U.K.Preliminary questions

(1)Where a matter excluded under Article 2, paragraph 2, or under Article 21, arose as a preliminary question, the ruling on that question shall not be recognised or enforced under this Convention.

(2)Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded under Article 2, paragraph 2.

(3)However, in the case of a ruling on the validity of an intellectual property right other than copyright or a related right, recognition or enforcement of a judgment may be refused or postponed under the preceding paragraph only where—

(a)that ruling is inconsistent with a judgment or a decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or

(b)proceedings concerning the validity of the intellectual property right are pending in that State.

(4)Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded pursuant to a declaration made by the requested State under Article 21.

Article 11U.K.Damages

(1)Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

(2)The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.

Article 12U.K. Judicial settlements (transactions judiciaires)

Judicial settlements (transactions judiciaires) which a court of a Contracting State designated in an exclusive choice of court agreement has approved, or which have been concluded before that court in the course of proceedings, and which are enforceable in the same manner as a judgment in the State of origin, shall be enforced under this Convention in the same manner as a judgment.

Article 13U.K.Documents to be produced

(1)The party seeking recognition or applying for enforcement shall produce—

(a)a complete and certified copy of the judgment;

(b)the exclusive choice of court agreement, a certified copy thereof, or other evidence of its existence;

(c)if the judgment was given by default, the original or a certified copy of a document establishing that the document which instituted the proceedings or an equivalent document was notified to the defaulting party;

(d)any documents necessary to establish that the judgment has effect or, where applicable, is enforceable in the State of origin;

(e)in the case referred to in Article 12, a certificate of a court of the State of origin that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.

(2)If the terms of the judgment do not permit the court addressed to verify whether the conditions of this Chapter have been complied with, that court may require any necessary documents.

(3)An application for recognition or enforcement may be accompanied by a document, issued by a court (including an officer of the court) of the State of origin, in the form recommended and published by the Hague Conference on Private International Law.

(4)If the documents referred to in this Article are not in an official language of the requested State, they shall be accompanied by a certified translation into an official language, unless the law of the requested State provides otherwise.

Article 14U.K.Procedure

The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested State unless this Convention provides otherwise. The court addressed shall act expeditiously.

Article 15U.K.Severability

Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.

CHAPTER IVU.K.GENERAL CLAUSES

Article 16U.K.Transitional provisions

(1)This Convention shall apply to exclusive choice of court agreements concluded after its entry into force for the State of the chosen court.

(2)This Convention shall not apply to proceedings instituted before its entry into force for the State of the court seised.

Article 17U.K.Contracts of insurance and reinsurance

(1)Proceedings under a contract of insurance or reinsurance are not excluded from the scope of this Convention on the ground that the contract of insurance or reinsurance relates to a matter to which this Convention does not apply.

(2)Recognition and enforcement of a judgment in respect of liability under the terms of a contract of insurance or reinsurance may not be limited or refused on the ground that the liability under that contract includes liability to indemnify the insured or reinsured in respect of—

(a)a matter to which this Convention does not apply; or

(b)an award of damages to which Article 11 might apply.

Article 18U.K.No legalisation

All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality, including an Apostille.

Article 19U.K.Declarations limiting jurisdiction

A State may declare that its courts may refuse to determine disputes to which an exclusive choice of court agreement applies if, except for the location of the chosen court, there is no connection between that State and the parties or the dispute.

Article 20U.K.Declarations limiting recognition and enforcement

A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the chosen court, were connected only with the requested State.

Article 21U.K.Declarations with respect to specific matters

(1)Where a State has a strong interest in not applying this Convention to a specific matter, that State may declare that it will not apply the Convention to that matter. The State making such a declaration shall ensure that the declaration is no broader than necessary and that the specific matter excluded is clearly and precisely defined.

(2)With regard to that matter, the Convention shall not apply—

(a)in the Contracting State that made the declaration;

(b)in other Contracting States, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the State that made the declaration.

Article 22U.K.Reciprocal declarations on non-exclusive choice of court agreements

(1)A Contracting State may declare that its courts will recognise and enforce judgments given by courts of other Contracting States designated in a choice of court agreement concluded by two or more parties that meets the requirements of Article 3, paragraph (c), and designates, for the purpose of deciding disputes which have arisen or may arise in connection with a particular legal relationship, a court or courts of one or more Contracting States (a non-exclusive choice of court agreement).

(2)Where recognition or enforcement of a judgment given in a Contracting State that has made such a declaration is sought in another Contracting State that has made such a declaration, the judgment shall be recognised and enforced under this Convention, if—

(a)the court of origin was designated in a non-exclusive choice of court agreement;

(b)there exists neither a judgment given by any other court before which proceedings could be brought in accordance with the non-exclusive choice of court agreement, nor a proceeding pending between the same parties in any other such court on the same cause of action; and

(c)the court of origin was the court first seised.

Article 23U.K.Uniform interpretation

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Article 24U.K.Review of operation of the Convention

The Secretary General of the Hague Conference on Private International Law shall at regular intervals make arrangements for—

(a)review of the operation of this Convention, including any declarations; and

(b)consideration of whether any amendments to this Convention are desirable.

Article 25U.K.Non-unified legal systems

(1)In relation to a Contracting State in which two or more systems of law apply in different territorial units with regard to any matter dealt with in this Convention—

(a)any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

(b)any reference to residence in a State shall be construed as referring, where appropriate, to residence in the relevant territorial unit;

(c)any reference to the court or courts of a State shall be construed as referring, where appropriate, to the court or courts in the relevant territorial unit;

(d)any reference to a connection with a State shall be construed as referring, where appropriate, to a connection with the relevant territorial unit.

(2)Notwithstanding the preceding paragraph, a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

(3)A court in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a judgment from another Contracting State solely because the judgment has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

(4)This Article shall not apply to a Regional Economic Integration Organisation.

Article 26U.K.Relationship with other international instruments

(1)This Convention shall be interpreted so far as possible to be compatible with other treaties in force for Contracting States, whether concluded before or after this Convention.

(2)This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, in cases where none of the parties is resident in a Contracting State that is not a Party to the treaty.

(3)This Convention shall not affect the application by a Contracting State of a treaty that was concluded before this Convention entered into force for that Contracting State, if applying this Convention would be inconsistent with the obligations of that Contracting State to any non-Contracting State. This paragraph shall also apply to treaties that revise or replace a treaty concluded before this Convention entered into force for that Contracting State, except to the extent that the revision or replacement creates new inconsistencies with this Convention.

(4)This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, for the purposes of obtaining recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty. However, the judgment shall not be recognised or enforced to a lesser extent than under this Convention.

(5)This Convention shall not affect the application by a Contracting State of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or enforcement of judgments, even if concluded after this Convention and even if all States concerned are Parties to this Convention. This paragraph shall apply only if the Contracting State has made a declaration in respect of the treaty under this paragraph. In the case of such a declaration, other Contracting States shall not be obliged to apply this Convention to that specific matter to the extent of any inconsistency, where an exclusive choice of court agreement designates the courts, or one or more specific courts, of the Contracting State that made the declaration.

(6)This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention, whether adopted before or after this Convention—

(a)where none of the parties is resident in a Contracting State that is not a Member State of the Regional Economic Integration Organisation;

(b)as concerns the recognition or enforcement of judgments as between Member States of the Regional Economic Integration Organisation.

CHAPTER VU.K.FINAL CLAUSES

Article 27U.K.Signature, ratification, acceptance, approval or accession

(1)This Convention is open for signature by all States.

(2)This Convention is subject to ratification, acceptance or approval by the signatory States.

(3)This Convention is open for accession by all States.

(4)Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 28U.K.Declarations with respect to non-unified legal systems

(1)If a State has two or more territorial units in which different systems of law apply in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

(2)A declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

(3)If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

(4)This Article shall not apply to a Regional Economic Integration Organisation.

Article 29U.K.Regional Economic Integration Organisations

(1)A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by this Convention.

(2)The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.

(3)For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation declares in accordance with Article 30 that its Member States will not be Parties to this Convention.

(4)Any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to a Regional Economic Integration Organisation that is a Party to it.

Article 30U.K.Accession by a Regional Economic Integration Organisation without its Member States

(1)At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare that it exercises competence over all the matters governed by this Convention and that its Member States will not be Parties to this Convention but shall be bound by virtue of the signature, acceptance, approval or accession of the Organisation.

(2)In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 1, any reference to a “Contracting State” or “State” in this Convention shall apply equally, where appropriate, to the Member States of the Organisation.

Article 31U.K.Entry into force

(1)This Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession referred to in Article 27.

(2)Thereafter this Convention shall enter into force—

(a)for each State or Regional Economic Integration Organisation subsequently ratifying, accepting, approving or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

(b)for a territorial unit to which this Convention has been extended in accordance with Article 28, paragraph 1, on the first day of the month following the expiration of three months after the notification of the declaration referred to in that Article.

Article 32U.K.Declarations

(1)Declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

(2)Declarations, modifications and withdrawals shall be notified to the depositary.

(3)A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

(4)A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.

(5)A declaration under Articles 19, 20, 21 and 26 shall not apply to exclusive choice of court agreements concluded before it takes effect.

Article 33U.K.Denunciation

(1)This Convention may be denounced by notification in writing to the depositary. The denunciation may be limited to certain territorial units of a non-unified legal system to which this Convention applies.

(2)The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Article 34U.K.Notifications by the depositary

The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 27, 29 and 30 of the following—

(a)the signatures, ratifications, acceptances, approvals and accessions referred to in Articles 27, 29 and 30;

(b)the date on which this Convention enters into force in accordance with Article 31;

(c)the notifications, declarations, modifications and withdrawals of declarations referred to in Articles 19, 20, 21, 22, 26, 28, 29 and 30;

(d)the denunciations referred to in Article 33.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on 30 June 2005, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Member States of the Hague Conference on Private International Law as of the date of its Twentieth Session and to each State which participated in that Session.]

Section 3D(3)(b)

[F331SCHEDULE 3FAU.K.DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION

Textual Amendments

DECLARATIONS CONCERNING INSURANCE CONTRACTSU.K.

The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:

1.U.K.The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:

(a)where the contract is a reinsurance contract;

(b)where the choice of court agreement is entered into after the dispute has arisen;

(c)where, without prejudice to Article 1(2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;

(d)where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:

(i)any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:

(a)seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;

(b)aircraft;

(c)railway rolling stock;

(ii)any loss of or damage to goods in transit or baggage other than passengers’ baggage, irrespective of the form of transport;

(iii)any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:

(a)ships, installations or vessels as referred to in point (i)(a);

(b)aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;

(c)railway rolling stock;

(iv)any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);

(v)any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;

(vi)any risk or interest connected with any of the risks referred to in points (i) to (v);

(vii)any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;

(viii)any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:

(a)a balance-sheet total of EUR 6,2 million;

(b)a net turnover of EUR 12,8 million;

(c)an average number of 250 employees during the financial year.

2.U.K.The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.]

[F332SCHEDULE 3GU.K.Text of the 2007 Hague Convention

Textual Amendments

Convention on the International Recovery of Child Support and Other Forms of Family MaintenanceU.K.

(Concluded 23 November 2007)

The States signatory to the present Convention,

Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,

Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,

Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,

Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989

  • — in all actions concerning children the best interests of the child shall be a primary consideration,

  • — every child has a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development,

  • — the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development, and

  • — States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,

Have resolved to conclude this Convention and have agreed upon the following provisions—

CHAPTER IU.K.OBJECT, SCOPE AND DEFINITIONS

Article 1U.K.Object

The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by—

(a)establishing a comprehensive system of co-operation between the authorities of the Contracting States;

(b)making available applications for the establishment of maintenance decisions;

(c)providing for the recognition and enforcement of maintenance decisions; and

(d)requiring effective measures for the prompt enforcement of maintenance decisions.

Article 2U.K.Scope

(1)This Convention shall apply—

(a)to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;

(b)to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph (a); and

(c)with the exception of Chapters II and III, to spousal support.

(2)Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 (a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

(3)Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.

(4)The provisions of this Convention shall apply to children regardless of the marital status of the parents.

Article 3U.K.Definitions

For the purposes of this Convention—

(a)“creditor” means an individual to whom maintenance is owed or is alleged to be owed;

(b)“debtor” means an individual who owes or who is alleged to owe maintenance;

(c)“legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;

(d)“agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

(e)“maintenance arrangement” means an agreement in writing relating to the payment of maintenance which—

(i)has been formally drawn up or registered as an authentic instrument by a competent authority; or

(ii)has been authenticated by, or concluded, registered or filed with a competent authority, and may be the subject of review and modification by a competent authority;

(f)“vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.

CHAPTER IIU.K.ADMINISTRATIVE CO-OPERATION

Article 4U.K.Designation of Central Authorities

(1)A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.

(2)Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

(3)The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.

Article 5U.K.General functions of Central Authorities

Central Authorities shall—

(a)co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;

(b)seek as far as possible solutions to difficulties which arise in the application of the Convention.

Article 6U.K.Specific functions of Central Authorities

(1)Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall—

(a)transmit and receive such applications;

(b)initiate or facilitate the institution of proceedings in respect of such applications.

(2)In relation to such applications they shall take all appropriate measures—

(a)where the circumstances require, to provide or facilitate the provision of legal assistance;

(b)to help locate the debtor or the creditor;

(c)to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;

(d)to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

(e)to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

(f)to facilitate the collection and expeditious transfer of maintenance payments;

(g)to facilitate the obtaining of documentary or other evidence;

(h)to provide assistance in establishing parentage where necessary for the recovery of maintenance;

(i)to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;

(j)to facilitate service of documents.

(3)The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent Bureau of any changes.

(4)Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

Article 7U.K.Requests for specific measures

(1)A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) (b), (c), (g), (h), (i) and (j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.

(2)A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.

Article 8U.K.Central Authority costs

(1)Each Central Authority shall bear its own costs in applying this Convention.

(2)Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.

(3)The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.

CHAPTER IIIU.K.APPLICATIONS THROUGH CENTRAL AUTHORITIES

Article 9U.K.Application through Central Authorities

An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.

Article 10U.K.Available applications

(1)The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention—

(a)recognition or recognition and enforcement of a decision;

(b)enforcement of a decision made or recognised in the requested State;

(c)establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

(d)establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 (b) or (e);

(e)modification of a decision made in the requested State;

(f)modification of a decision made in a State other than the requested State.

(2)The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision—

(a)recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

(b)modification of a decision made in the requested State;

(c)modification of a decision made in a State other than the requested State.

(3)Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 (c) to (f) and 2 (b) and (c) shall be subject to the jurisdictional rules applicable in the requested State.

Article 11U.K.Application contents

(1)All applications under Article 10 shall as a minimum include—

(a)a statement of the nature of the application or applications;

(b)the name and contact details, including the address and date of birth of the applicant;

(c)the name and, if known, address and date of birth of the respondent;

(d)the name and date of birth of any person for whom maintenance is sought;

(e)the grounds upon which the application is based;

(f)in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

(g)save in an application under Article 10(1) (a) and (2) (a), any information or document specified by declaration in accordance with Article 63 by the requested State;

(h)the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.

(2)As appropriate, and to the extent known, the application shall in addition in particular include—

(a)the financial circumstances of the creditor;

(b)the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

(c)any other information that may assist with the location of the respondent.

(3)The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) (a) and (2) (a), the application shall be accompanied only by the documents listed in Article 25.

(4)An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.

Article 12U.K.Transmission, receipt and processing of applications and cases through Central Authorities

(1)The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.

(2)The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) (a), (b) and (d) and (3) (b) and 30(3).

(3)The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

(4)Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.

(5)Requesting and requested Central Authorities shall keep each other informed of—

(a)the person or unit responsible for a particular case;

(b)the progress of the case,

and shall provide timely responses to enquiries.

(6)Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.

(7)Central Authorities shall employ the most rapid and efficient means of communication at their disposal.

(8)A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.

(9)The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.

Article 13U.K.Means of communication

Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

Article 14U.K.Effective access to procedures

(1)The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.

(2)To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

(3)The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.

(4)Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.

(5)No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.

Article 15U.K.Free legal assistance for child support applications

(1)The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

(2)Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) (a) and (b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.

Article 16U.K.Declaration to permit use of child-centred means test

(1)Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) (a) and (b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.

(2)A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child's means will be carried out, including the financial criteria which would need to be met to satisfy the test.

(3)An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child's means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child's means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.

(4)If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.

Article 17U.K.Applications not qualifying under Article 15 or Article 16

In the case of all applications under this Convention other than those under Article 15 or Article 16—

(a)the provision of free legal assistance may be made subject to a means or a merits test;

(b)an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.

CHAPTER IVU.K.RESTRICTIONS ON BRINGING PROCEEDINGS

Article 18U.K.Limit on proceedings

(1)Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.

(2)Paragraph 1 shall not apply—

(a)where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;

(b)where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

(c)where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or

(d)where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.

CHAPTER VU.K.RECOGNITION AND ENFORCEMENT

Article 19U.K.Scope of the Chapter

(1)This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.

(2)If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.

(3)For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established—

(a)may be made the subject of an appeal to or review by a judicial authority; and

(b)have a similar force and effect to a decision of a judicial authority on the same matter.

(4)This Chapter also applies to maintenance arrangements in accordance with Article 30.

(5)The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.

Article 20U.K.Bases for recognition and enforcement

(1)A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if—

(a)the respondent was habitually resident in the State of origin at the time proceedings were instituted;

(b)the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

(c)the creditor was habitually resident in the State of origin at the time proceedings were instituted;

(d)the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;

(e)except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or

(f)the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

(2)A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 (c), (e) or (f).

(3)A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.

(4)A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) (b).

(5)A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 (c), (e) or (f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.

(6)A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

Article 21U.K.Severability and partial recognition and enforcement

(1)If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.

(2)Partial recognition or enforcement of a decision can always be applied for.

Article 22U.K.Grounds for refusing recognition and enforcement

Recognition and enforcement of a decision may be refused if—

(a)recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;

(b)the decision was obtained by fraud in connection with a matter of procedure;

(c)proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;

(d)the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

(e)in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin—

(i)when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii)when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

(f)the decision was made in violation of Article 18.

Article 23U.K.Procedure on an application for recognition and enforcement

(1)Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.

(2)Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

(a)refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or

(b)if it is the competent authority take such steps itself.

(3)Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.

(4)A declaration or registration may be refused only on the ground set out in Article 22 (a). At this stage neither the applicant nor the respondent is entitled to make any submissions.

(5)The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.

(6)A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.

(7)A challenge or appeal may be founded only on the following—

(a)the grounds for refusing recognition and enforcement set out in Article 22;

(b)the bases for recognition and enforcement under Article 20;

(c)the authenticity or integrity of any document transmitted in accordance with Article 25(1) (a), (b) or (d) or (3) (b).

(8)A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

(9)The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.

(10)A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

(11)In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Article 24U.K.Alternative procedure on an application for recognition and enforcement

(1)Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.

(2)Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either—

(a)refer the application to the competent authority which shall decide on the application for recognition and enforcement; or

(b)if it is the competent authority, take such a decision itself.

(3)A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

(4)The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 (a), (c) and (d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) (c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.

(5)A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

(6)Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

(7)In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

Article 25U.K.Documents

(1)An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following—

(a)a complete text of the decision;

(b)a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;

(c)if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;

(d)where necessary, a document showing the amount of any arrears and the date such amount was calculated;

(e)where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;

(f)where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.

(2)Upon a challenge or appeal under Article 23(7) (c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly—

(a)by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;

(b)by the applicant, where the request has been made directly to a competent authority of the State addressed.

(3)A Contracting State may specify in accordance with Article 57—

(a)that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;

(b)circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or

(c)that it does not require a document stating that the requirements of Article 19(3) are met.

Article 26U.K.Procedure on an application for recognition

This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.

Article 27U.K.Findings of fact

Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.

Article 28U.K.No review of the merits

There shall be no review by any competent authority of the State addressed of the merits of a decision.

Article 29U.K.Physical presence of the child or the applicant not required

The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.

Article 30U.K.Maintenance arrangements

(1)A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.

(2)For the purpose of Article 10(1) (a) and (b) and (2) (a), the term “decision” includes a maintenance arrangement.

(3)An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following—

(a)a complete text of the maintenance arrangement; and

(b)a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.

(4)Recognition and enforcement of a maintenance arrangement may be refused if—

(a)the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;

(b)the maintenance arrangement was obtained by fraud or falsification;

(c)the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.

(5)The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that—

(a)a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 (a);

(b)a challenge or appeal as referred to in Article 23(6) may be founded only on the following—

(i)the grounds for refusing recognition and enforcement set out in paragraph 4;

(ii)the authenticity or integrity of any document transmitted in accordance with paragraph 3;

(c)as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 (a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.

(6)Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.

(7)A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.

(8)A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.

Article 31U.K.Decisions produced by the combined effect of provisional and confirmation orders

Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order—

(a)each of those States shall be deemed for the purposes of this Chapter to be a State of origin;

(b)the requirements of Article 22 (e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;

(c)the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and

(d)Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.

CHAPTER VIU.K.ENFORCEMENT BY THE STATE ADDRESSED

Article 32U.K.Enforcement under internal law

(1)Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.

(2)Enforcement shall be prompt.

(3)In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.

(4)Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.

(5)Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.

Article 33U.K.Non-discrimination

The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.

Article 34U.K.Enforcement measures

(1)Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

(2)Such measures may include—

(a)wage withholding;

(b)garnishment from bank accounts and other sources;

(c)deductions from social security payments;

(d)lien on or forced sale of property;

(e)tax refund withholding;

(f)withholding or attachment of pension benefits;

(g)credit bureau reporting;

(h)denial, suspension or revocation of various licenses (for example, driving licenses);

(i)the use of mediation, conciliation or similar processes to bring about voluntary compliance.

Article 35U.K.Transfer of funds

(1)Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.

(2)A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.

CHAPTER VIIU.K.PUBLIC BODIES

Article 36U.K.Public bodies as applicants

(1)For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.

(2)The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.

(3)A public body may seek recognition or claim enforcement of—

(a)a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;

(b)a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

(4)The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.

CHAPTER VIIIU.K.GENERAL PROVISIONS

Article 37U.K.Direct requests to competent authorities

(1)The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seise directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.

(2)Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.

(3)For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.

Article 38U.K.Protection of personal data

Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Article 39U.K.Confidentiality

Any authority processing information shall ensure its confidentiality in accordance with the law of its State.

Article 40U.K.Non-disclosure of information

(1)An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.

(2)A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.

(3)Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.

Article 41U.K.No legalisation

No legalisation or similar formality may be required in the context of this Convention.

Article 42U.K.Power of attorney

The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.

Article 43U.K.Recovery of costs

(1)Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.

(2)A State may recover costs from an unsuccessful party.

(3)For the purposes of an application under Article 10(1) (b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.

(4)This Article shall be without prejudice to Article 8.

Article 44U.K.Language requirements

(1)Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.

(2)A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.

(3)Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French.

However, a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.

Article 45U.K.Means and costs of translation

(1)In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.

(2)The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.

(3)Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.

Article 46U.K.Non-unified legal systems—interpretation

(1)In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units—

(a)any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

(b)any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;

(c)any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;

(d)any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;

(e)any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;

(f)any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;

(g)any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;

(h)any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;

(i)any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;

(j)any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.

(2)This Article shall not apply to a Regional Economic Integration Organisation.

Article 47U.K.Non-unified legal systems—substantive rules

(1)A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

(2)A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

(3)This Article shall not apply to a Regional Economic Integration Organisation.

Article 48U.K.Co-ordination with prior Hague Maintenance Conventions

In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.

Article 49U.K.Co-ordination with the 1956 New York Convention

In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.

Article 50U.K.Relationship with prior Hague Conventions on service of documents and taking of evidence

This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

Article 51U.K.Co-ordination of instruments and supplementary agreements

(1)This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.

(2)Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

(3)Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.

(4)This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.

Article 52U.K.Most effective rule

(1)This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for—

(a)broader bases for recognition of maintenance decisions, without prejudice to Article 22 (f) of the Convention;

(b)simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;

(c)more beneficial legal assistance than that provided for under Articles 14 to 17; or

(d)procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.

(2)This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 (a) to (c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 (b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.

Article 53U.K.Uniform interpretation

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

Article 54U.K.Review of practical operation of the Convention

(1)The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.

(2)For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.

Article 55U.K.Amendment of forms

(1)The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.

(2)Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.

(3)During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.

Article 56U.K.Transitional provisions

(1)The Convention shall apply in every case where—

(a)a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;

(b)a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.

(2)With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.

(3)The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

Article 57U.K.Provision of information concerning laws, procedures and services

(1)A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with—

(a)a description of its laws and procedures concerning maintenance obligations;

(b)a description of the measures it will take to meet the obligations under Article 6;

(c)a description of how it will provide applicants with effective access to procedures, as required under Article 14;

(d)a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;

(e)any specification referred to in Article 25(1) (b) and (3).

(2)Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.

(3)Information shall be kept up to date by the Contracting States.

CHAPTER IXU.K.FINAL PROVISIONS

Article 58U.K.Signature, ratification and accession

(1)The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.

(2)It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

(3)Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).

(4)The instrument of accession shall be deposited with the depositary.

(5)Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 59U.K.Regional Economic Integration Organisations

(1)A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.

(2)The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.

(3)At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.

(4)For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.

(5)Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.

Article 60U.K.Entry into force

(1)The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.

(2)Thereafter the Convention shall enter into force—

(a)for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;

(b)for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);

(c)for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.

Article 61U.K.Declarations with respect to non-unified legal systems

(1)If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

(2)Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

(3)If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

(4)This Article shall not apply to a Regional Economic Integration Organisation.

Article 62U.K.Reservations

(1)Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.

(2)Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

(3)The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.

(4)Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).

Article 63U.K.Declarations

(1)Declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

(2)Declarations, modifications and withdrawals shall be notified to the depositary.

(3)A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

(4)A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.

Article 64U.K.Denunciation

(1)A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.

(2)The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Article 65U.K.Notification

The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following—

(a)the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;

(b)the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;

(c)the date on which the Convention enters into force in accordance with Article 60;

(d)the declarations referred to in Articles 2(3), 11(1) (g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);

(e)the agreements referred to in Article 51(2);

(f)the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);

(g)the denunciations referred to in Article 64.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.]

Section 3E(3)(b)

[F333SCHEDULE 3GAU.K.RESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION

Textual Amendments

PART 1U.K.DECLARATION CONCERNING SPOUSAL SUPPORT

1.U.K.Declaration referred to in Article 2(3) of the Convention:

The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.

PART 2U.K.RESERVATION CONCERNING USE OF FRENCH

2.U.K.Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:

The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.

PART 3U.K.DECLARATION CONCERNING APPLICATION CONTENTS

3.U.K.Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:

The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents specified below:

Application under Article 10(1)(b) of the Convention:

England and Wales

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.

Scotland

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.

Northern Ireland

Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.

Application under Article 10(1)(c) of the Convention:

England and Wales

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.

Northern Ireland

Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts of defendant - residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(d) of the Convention:

England and Wales

Certified copy of decision relevant to Article 20 or Article 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

As for applications under Article 10(1)(c) above.

Northern Ireland

Certified copy of decision relevant to Article 20 or 22(b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation - income/outgoings/assets; Statement as to whereabouts - residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(e) of the Convention:

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation.

Northern Ireland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(1)(f) of the Convention:

England and Wales

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

Scotland

Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor - residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(2)(b) of the Convention:

England and Wales

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation.

Northern Ireland

Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.

Application under Article 10(2)(c) of the Convention:

England and Wales

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

Scotland

Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant’s financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.

Northern Ireland

Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant - income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)’s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor - residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

General:

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).

For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority and the Central Authority for Scotland would be grateful to receive three copies of each document, accompanied by translations into English.

PART 4U.K.UNILATERAL DECLARATION CONCERNING THE APPLICATION OF THE CONVENTION

4.U.K.Unilateral declaration made at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:

The United Kingdom of Great Britain and Northern Ireland makes the following unilateral declaration:

The United Kingdom of Great Britain and Northern Ireland wishes to underline the great importance it attaches to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The United Kingdom of Great Britain and Northern Ireland recognises that extending the application of the Convention to all maintenance obligations arising from a family relationship, parentage, marriage or affinity is likely to increase considerably its effectiveness, allowing all maintenance creditors to benefit from the system of administrative cooperation established by the Convention.

It is in this spirit that the United Kingdom of Great Britain and Northern Ireland intends to extend the application of Chapters II and III of the Convention to spousal support when the United Kingdom of Great Britain and Northern Ireland becomes a Contracting State to the Convention.

Furthermore, the United Kingdom of Great Britain and Northern Ireland undertakes, within seven years, in the light of experience acquired and possible declarations of extension made by other Contracting States, to examine the possibility of extending the application of the Convention as a whole to all maintenance obligations arising from a family relationship, parentage, marriage or affinity.]

[F334SCHEDULE 4U.K. CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

Textual Amendments

F334Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Modifications etc. (not altering text)

GeneralU.K.

F3351U.K.Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.

Textual Amendments

F335Sch. 4 para. 1 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F3362U.K.Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.

Textual Amendments

F336Sch. 4 para. 2 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Special jurisdictionU.K.

F3373U.K.A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—

(a)in matters relating to a contract, in the courts for the place of performance of the obligation in question;

(b)F338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

(d)as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

(e)as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(f)as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

(g)as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

(i)has been arrested to secure such payment; or

(ii)could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

(h)in proceedings—

(i)concerning a debt secured on immovable property; or

(ii)which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

in the courts of the part of the United Kingdom in which the property is situated.

Textual Amendments

F337Sch. 4 para. 3 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F3394U.K.Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

Textual Amendments

F339Sch. 4 para. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F3405U.K.A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—

(a)where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(b)as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(c)on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(d)in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

Textual Amendments

F340Sch. 4 para. 5 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F3416U.K.Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.

Textual Amendments

F341Sch. 4 para. 6 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over consumer contractsU.K.

F3427U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3438U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3449U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Jurisdiction over individual contracts of employmentU.K.

F34510U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Exclusive jurisdictionU.K.

F34611U.K.The following courts shall have exclusive jurisdiction, regardless of domicile :—

(a) 

(i)in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

(ii)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

(b)in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts of the part of the United Kingdom in which the company, legal person or association has its seat;

(c)in proceedings which have as their object the validity of entries in public registers, the courts of the part of the United Kingdom in which the register is kept;

(d)in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

Textual Amendments

F346Sch. 4 para. 11 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Prorogation of jurisdictionU.K.

F34712(1)If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.U.K.

(2)The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(3)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal forceF348... if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

Textual Amendments

F347Sch. 4 para. 12 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F34913(1)Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.U.K.

(2)This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

Textual Amendments

F349Sch. 4 para. 13 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Examination as to jurisdiction and admissibilityU.K.

F35014U.K.Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction.

Textual Amendments

F350Sch. 4 para. 14 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F35115(1)Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.U.K.

(2)The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

Textual Amendments

F351Sch. 4 para. 15 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Provisional, including protective, measuresU.K.

F35216U.K.Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.]

Textual Amendments

F352Sch. 4 para. 16 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

TITLE IIU.K. JURISDICTION

Section 1U.K.General Provisions

Article 2U.K.
Article 3U.K.

Section 2U.K.Special jurisdiction

Article 5U.K.
Article 5AU.K.
Article 6U.K.
Article 6AU.K.

Section 4U.K.Jurisdiction over consumer contracts

Article 13U.K.
Article 14U.K.
Article 15U.K.

Section 5U.K.Exclusive jurisdiction

Article 16U.K.

Section 6U.K.Prorogation of jurisdiction

Article 17U.K.
Article 18U.K.

Section 7U.K.Examination as to jurisdiction and admissibility

Article 19U.K.
Article 20U.K.

Section 9U.K.Provisional, including protective, measures

Article 24U.K.

Section 17.

SCHEDULE 5U.K. PROCEEDINGS EXCLUDED FROM SECTION 4

Proceedings under the Companies ActsU.K.

1U.K.Proceedings for the winding up of a company under the [F357Insolvency Act 1986] or the [F358 Insolvency (Northern Ireland) Order 1989], or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.

Textual Amendments

F358Sch. 5: words in para. 1 substituted (1.10.1991) by S.I. 1989/2405, (N.I. 19) arts. 1(2), 381, Sch. 9 Pt. II para. 32; SR 1991/411, art.2

Patents, trade marks, designs and similar rightsU.K.

2U.K.Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.

Modifications etc. (not altering text)

Protection of Trading Interests Act 1980U.K.

3U.K.Proceedings under section 6 of the M31Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

Marginal Citations

Appeals etc. from tribunalsU.K.

4U.K.Proceedings on appeal from, or for review of, decisions of tribunals.

Maintenance and similar payments to local and other public authoritiesU.K.

5U.K.F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under certain conventions, etc.U.K.

6U.K.Proceedings brought in any court in pursuance of—

(a)any statutory provision which, in the case of any convention to which [F360the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter], implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

(b)any rule of law so far as it has the effect of implementing any such convention.

Textual Amendments

Certain Admiralty proceedings in ScotlandU.K.

7U.K.Proceedings in Scotland in an [F361admiralty action] where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.

Textual Amendments

F361Words in Sch. 5 para. 7 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(1)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)

Register of aircraft mortgagesU.K.

8U.K.Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

Continental Shelf Act 1964U.K.

9U.K.Proceedings brought in any court in pursuance of an order under [F362section 11 of the Petroleum Act 1998].

Textual Amendments

F362Words in Sch. 5 para. 9 substituted (15.2.1999) by 1998 c. 17, ss. 50, Sch. 4 para. 17(a) (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2

[F363 Financial Services Act 1986U.K.

Textual Amendments

10U.K.Proceedings such as are mentioned in [F364section 415 of the Financial Services and Markets Act 2000.]]

Textual Amendments

F364Words in Sch. 5 para. 10 substituted (3.9.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 3; S.I. 2001/2632, art. 2, Sch. Pt. II

[F365Proceedings by third parties against insurersU.K.

Textual Amendments

11U.K.Proceedings under the Third Parties (Rights against Insurers) Act 2010.]

Section 18.

SCHEDULE 6U.K. ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

PreliminaryU.K.

1U.K.In this Schedule—

  • “judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

  • “money provision” means a provision for the payment of one or more sums of money;

  • “prescribed” means prescribed by rules of court.

Certificates in respect of judgmentsU.K.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.U.K.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3U.K.A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form—U.K.

(a)stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

(b)stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment; and

(c)containing such other particulars as may be prescribed.

(2)More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.

Registration of certificatesU.K.

5(1)Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court.U.K.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner.

General effect of registrationU.K.

6(1)A certificate registered under this Schedule shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the certificate had been a judgment originally given in the registering court and had (where relevant) been entered.U.K.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced.

Costs or expensesU.K.

7U.K.Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.

InterestU.K.

8(1)Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.U.K.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

(4)Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain casesU.K.

9U.K.Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registration of a certificate must or may be set asideU.K.

10U.K.Where a certificate has been registered under this Schedule, the registering court—

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

Section 18.

SCHEDULE 7U.K. ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

PreliminaryU.K.

1U.K.In this Schedule—

  • “judgment” means any judgment to which section 18 applies and references to the giving of a judgment shall be construed accordingly;

  • “non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money;

  • “prescribed” means prescribed by rules of court.

Certified copies of judgmentsU.K.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment.U.K.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3U.K.A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given—

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant—U.K.

(a)a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and

(b)a certificate stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment.

(2)In sub-paragraph (1)(a) “excepted provision” means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section.

(3)There may be issued under this Schedule (simultaneously or at different times)—

(a)more than one certified copy of the same judgment; and

(b)more than one certificate in respect of the same judgment.

Registration of judgmentsU.K.

5(1)Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court.U.K.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)An application under this paragraph for the registration of a judgment must be accompanied by—

(a)a certified copy of the judgment issued under this Schedule; and

(b)a certificate issued under paragraph 4(1)(b) in respect of the judgment not more than six months before the date of the application.

(4)Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner.

(5)A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.

General effect of registrationU.K.

6(1)The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.U.K.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expensesU.K.

7(1)Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—U.K.

(a)the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

(b)the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

(2)All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain casesU.K.

8U.K.Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.

Cases in which registered judgment must or may be set asideU.K.

9U.K.Where a judgment has been registered under this Schedule, the registering court—

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

[F366SCHEDULE 8U.K. RULES AS TO JURISDICTION IN SCOTLAND

Textual Amendments

F366Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7

Modifications etc. (not altering text)

GeneralU.K.

1U.K.Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.

Special jurisdictionU.K.

2U.K.Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—

(a)where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

(b)in matters relating to a contract, in the courts for the place of performance of the obligation in question;

(c)in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

(d)as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings;

[F367(e)in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;]

(e)F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(g)in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

[F369(ga)in the person's capacity as an executor (where confirmation has been obtained in Scotland)—

(i)in the Court of Session, or

(ii)before a sheriff of the sheriffdom in which confirmation was obtained.]

(h)where he is not domiciled in the United Kingdom, in the courts for any place where—

(i)any movable property belonging to him has been arrested; or

(ii)any immovable property in which he has any beneficial interest is situated;

(i)in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

(j)in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

(k)in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

(l)in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

(m)in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

(n)in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

(o) 

(i)where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(ii)as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(iii)on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(p)in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

(q)as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

Textual Amendments

Jurisdiction over consumer contractsU.K.

3(1)In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subject to rule 5, jurisdiction shall be determined by this rule if—U.K.

(a)it is a contract for the sale of goods on instalment credit terms; or

(b)it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c)in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities.

(2)This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

(3)A consumer may bring proceedings against the other party to a contract only in—

(a)the courts for the place in which that party is domiciled;

(b)the courts for the place in which he is himself domiciled; or

(c)any court having jurisdiction by virtue of rule 2(f) or (i).

(4)Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).

(5)The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending.

F370(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Jurisdiction over individual contracts of employmentU.K.

4(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f).U.K.

(2)An employer may be sued—

(a)in the courts for the place where he is domiciled; or

(b)in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts for the place where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts for the place in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

(a)which is entered into after the dispute has arisen; or

(b)which allows the employee to bring proceedings in courts other than those indicated in this rule.

Exclusive jurisdictionU.K.

5(1)Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:—U.K.

(a)in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts for the place where the property is situated;

(b)in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

(c)in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

(d)in proceedings concerned with the enforcement of judgments, the courts for the place where the judgment has been or is to be enforced.

(2)No court shall exercise jurisdiction in a case where immovable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

(3)In proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland.

Prorogation of jurisdictionU.K.

6(1)If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have jurisdiction.U.K.

(2)Such an agreement conferring jurisdiction shall be either—

(a)in writing or evidenced in writing; or

(b)in a form which accords with practices which the parties have established between themselves; or

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

(3)Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”.

(4)The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(5)Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland.

(6)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

7(1)Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.U.K.

(2)This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Examination as to jurisdiction and admissibilityU.K.

8U.K.Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.

9U.K.Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.]

Section 21.

SCHEDULE 9U.K. PROCEEDINGS EXCLUDED FROM SCHEDULE 8

1U.K.Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings F371. . . of affiliation and aliment.

Textual Amendments

2U.K.Proceedings for regulating the custody of children.

[F3722AU.K.Proceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.]

Textual Amendments

3U.K.Proceedings relating to [F373guardianship of children] and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.

Textual Amendments

4U.K.Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.

5U.K.Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.

6U.K.Admiralty [F374actions] in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

Textual Amendments

F374Word in Sch. 5 para. 6 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(2)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)

7U.K.Commissary proceedings.

8U.K.Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.

9U.K.Proceedings under section 7(3) of the M32Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).

Marginal Citations

10U.K.Proceedings brought in pursuance of an order under [F375section 11 of the Petroleum Act 1998].

Textual Amendments

11U.K.Proceedings under section 6 of the M33Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

Marginal Citations

12U.K.Appeals from or review of decisions of tribunals.

13U.K.Proceedings which are not in substance proceedings in which a decree against any person is sought.

14U.K.Proceedings brought in any court in pursuance of—

(a)any statutory provision which, in the case of any convention to which [F376the United Kingdom is or may become a party and which governs jurisdiction or recognition and enforcement of judgments in relation to a particular matter], implements the convention; and

(b)any rule of law so far as it has the effect of implementing any such convention.

Textual Amendments

Section 53.

X8SCHEDULE 10U.K.M34AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

Editorial Information

X8The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

1(1)Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.U.K.

(2)For subsections (1) and (2) substitute—

“(1)If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct—

(a)that this Part of this Act shall extend to that country;

(b)that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and

(b)that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies.

(2)Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely—

(a)it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and

(b)there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and

(c)it is given after the coming into force of the Order in Council which made that court a recognised court.

(2A)The following judgments of a recognised court are not within subsection (2) of this section—

(a)a judgement given by that court on appeal from a court which is not a recognised court;

(b)a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ;

(c)a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement.”.

(3)After subsection (4) add—

“(5)Any Order in Council made under this section before its amendment by the Civil Jurisdiction and Judgments Act 1982 which deems any court of a foreign country to be a superior court of that country for the purposes of this Part of this Act shall (without prejudice to subsection (4) of this section) have effect from the time of the amendment as if it provided for that court to be a recognised court of that country for those purposes, and for any final and conclusive judgement of that court, if within subsection (2) of this section, to be a judgement to which this Part of this Act applies.”.

2U.K.In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.

3U.K.For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—

10“ Provision for issue of copies of, and certificates in connection with, U.K. judgments.

(1)Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgement; and

(b)a certificate giving particulars relating to the judgement and the proceedings in which it was given.

(2)Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.

(3)In this section “rules”—

(a)in relation to judgments given by a court, means rules of court;

(b)in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal.”.

4U.K.After section 10 insert—

10A“ Arbitration awards.

The provisions of this Act, except sections 1(5) and 6, shall apply, as they apply to a judgement, in relation to an award in proceedings on an arbitration which has, in pursuance of the law in force in the place where it was made, became enforceable in the same manner as a judgement given by a court in that place.”.

5(1)Section 1(1) (interpretation) is amended as follows.U.K.

(2)After the definition of “Country of the original court” insert—

““Court” except in section 10 of this Act, includes a tribunal;”.

(3)Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

Section 37(1).

X9SCHEDULE 11U.K. MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

Editorial Information

X9The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IU.K. ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)U.K.

1U.K.In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.

Maintenance Orders Act 1958 (c.39)U.K.

F3772U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F377Sch. 11 para. 2 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)U.K.

3(1)Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.U.K.

(2)In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

“(3A)Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)U.K.

4(1)In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—U.K.

“(1A)The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum.”.

(2)In section 21 of that Act (interpretation of Part I)—

(a)in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

(b)in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART IIU.K. RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)U.K.

5U.K.In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—

“(1A)A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(1B)A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.”.

Maintenance Orders Act 1958 (c.39)U.K.

6(1)The Maintenance Orders Act 1958 is amended as follows.U.K.

(2)After section 2 insert—

2A“ Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time.

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered orders shall not carry interest.”.

(3)In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)U.K.

7(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.U.K.

(2)After section 11 insert—

11A“ Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered order shall not carry interest.”.

(3)In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

(4)In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART IIIU.K. RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)U.K.

8U.K.The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

9U.K.In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—

(a)in subsections (1) and (4), after “residing” insert “ or has assets ” ; and

(b)in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.

10U.K.In section 6 (registration in United Kingdom of order in reciprocating country)—

(a)in subsection (2), after “residing” insert “ or has assets ” ; and

(b)in subsection (4)—

(i)after “is residing” insert “ or has assets ”;

(ii)for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and

(iii)at the end insert “ and the nature and location of his assets ”.

11U.K.In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.

12U.K.In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—

“(1B)The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom.”.

13(1)Section 10 (cancellation of registration and transfer of orders) is amended as follows.U.K.

(2)In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”.

(3)In subsection (3), after “residing” insert “ or has assets ”.

(4)In subsection (5), for “still residing” substitute “ residing or has assets ”.

(5)In subsection (6)—

(a)after “is residing” insert “ or has assets ”; and

(b)for “so residing” insert “ residing and has no assets within the jurisdiction of the court ”.

(6)In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.

14U.K.In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—

(a)before “it appears” insert “ at any time ”;

(b)for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and

(c)after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.

15U.K.In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—

(i)after “residing”, in the first and second places where it occurs, insert “ or having assets ”;

(ii)for “the sheriff court” substitute “ a sheriff court ”; and

(iii)after “residing”, where it last occurs, insert “ or has assets ”.

16U.K.In section 24 (application of Part I to certain order and proceedings under M35Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after “residing” insert “ or having assets ”.

Marginal Citations

17U.K.In section 40 (power to apply Act with modifications by Order in Council)—

(a)in paragraph (a), omit “against persons in that country or territory” ; and

(b)in paragraph (b), omit “against persons in the United Kingdom”.

18U.K.In section 47 (interpretation), in subsection (3) (construction of references to a courts’ jurisdiction), after “the reference is” insert “ to assets being located or ” and omit the words “or having ceased to reside”.

Sections 15(4), 23(2) and 36(6).

X10SCHEDULE 12U.K. CONSEQUENTIAL AMENDMENTS

Editorial Information

X10The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IU.K. AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)U.K.

1U.K.In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Naval Discipline Act 1957 (c. 53)U.K.

2U.K.In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)U.K.

F3783U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F378Sch. 12 Pt. 1 para. 3 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)U.K.

4U.K.In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

Administration of Justice Act 1970 (c. 31)U.K.

5U.K.In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—

“13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.”.

Attachment of Earnings Act 1971 (c. 32)U.K.

6U.K.In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—

“13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.”.

Magistrates’ Courts Act 1980 (c. 43)U.K.

F3797U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F379Sch. 12 para. 7 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))U.K.

8(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.U.K.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART IIU.K. AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)U.K.

1U.K.In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—

“(3)This section does not apply—

(a)in the case of an agreement entered in to after the dispute in respect of which the agreement is intended to have effect has arisen ; or

(b)where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982.”.

Maintenance Orders Act 1950 (c. 37)U.K.

2U.K.In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)U.K.

3(1)In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—U.K.

“(1)In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.”.

(2)In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)U.K.

4U.K.In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—

“(3)In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.

(3A)Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

(a)the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);

(b)the court for the place where the debtor or hirer carries on business ; and

(c)where the purposes of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.

(3B)Subsection (3A) shall not apply—

(a)where Rule 3 of Schedule 8 to the Act of 1982 applies; or

(b)where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen.”.

PART IIIU.K. AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)U.K.

1(1)The Maintenance Orders Act 1950 is amended as follows.U.K.

(2)In section 18 (enforcement of registered orders), after subsection (3A) insert—

“(3B)Notwthstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.”.

(3)In section 21(2) (evidence admissible before court where order registered)—

(a)in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

(b)after “that Act” (twice) insert “ of 1958 ”;

(c)after paragraph (b) insert—

“(c)registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982”.

(4)In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)U.K.

2U.K.In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)U.K.

3(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.U.K.

(2)At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

(3)In section 10 (orders to which Part II applies), after subsection (1) insert—

“(1A)This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982 to maintenance orders made by a court in England and Wales or Scotland and registered in a court in Northern Ireland under Part II of the Maintenance Orders Act 1950.”.

(4)In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

“(7A)No application for any variation in respect of a registered order shall be made by the High Court of Justice in England or the Court of Session and registered in that court under section 36 of the Civil Jurisdiction and Judgments Act 1982.”.

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))U.K.

4U.K.In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))U.K.

5(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—U.K.

(a)in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

(b)after paragraph (a) insert—

“(aa)in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966”.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

“or under section 36 of the Civil Jurisdiction and Judgments Act 1982”.

Section 53.

SCHEDULE 13U.K. Commencement, Transitional Provisions and Savings

Part IU.K.Commencement

Provisions coming into force on Royal AssentU.K.

1U.K.The following provisions come into force on Royal Assent:

ProvisionSubject-matter
section 53(1) and Part 1 of this Schedule.Commencement.
section 55Short title.

Provisions coming into force six weeks after Royal AssentU.K.

2U.K.The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:

ProvisionSubject-matter
section 24(1)(a), (2)(a) and (3).Interim relief and protective measures in cases of doubtful jurisdiction.
section 29Service of county court process outside Northern Ireland.
section 30Proceedings in England and Wales or Northern Ireland for torts to immovable property.
section 31Overseas judgments given against states.
section 32Overseas judgments given in breach of agreement for settlement of disputes.
section 33Certain steps not to amount to submission to jurisdiction of overseas court.
section 34Certain judgments a bar to further proceedings on the same cause of action.
section 35(3)Consolidation of Orders in Council under section 14 of the M36Administration of Justice Act 1920.
section 38Overseas judgments counteracting an award of multiple damages.
section 40Power to modify enactments relating to legal aid, etc.
section 49Saving for powers to stay, sist, strike out or dismiss proceedings.
section 50Interpretation: general.
section 51Application to Crown.
section 52Extent.
paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs.Transitional provisions and savings.
section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the M37Foreign Judgments (Reciprocal Enforcement) Act 1933.Repeals consequential on sections 32 and 33.

Marginal Citations

Provisions coming into force on a day to be appointedU.K.

3(1)The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument.U.K.

(2)Different days may be appointed under this paragraph for different purposes.

Modifications etc. (not altering text)

C49Power of appointment conferred by Sch. 13 Part I para. 3(1) fully exercised; S.I. 1984/1553, 1986/1781, 2044

Part IIU.K. Transitional Provisions and Savings

Section 16 and Schedule 4U.K.

1(1)Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.U.K.

(2)Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom.

Section 18 and Schedule 6 and associated repealsU.K.

2(1)In relation to a judgment a certificate whereof has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal.U.K.

(2)Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the M38Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act.

(3)A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.

(4)In this paragraph—

  • “the 1868 Act” means the M39Judgments Extension Act 1868;

  • “the 1882 Act” means the M40Inferior Courts Judgments Extension Act 1882;

  • “judgment” has the same meaning as in section 18.

Marginal Citations

Section 18 and Schedule 7U.K.

3U.K.Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.

Section 19U.K.

4U.K.Section 19 shall not apply to judgments given before the commencement of that section.

Section 20 and Schedule 8U.K.

5U.K.Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.

Section 26U.K.

6U.K.The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—

(a)before the commencement of that section to prevent the arrest of property; or

(b)to obtain the release of property arrested before the commencement of that section; or

(c)in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).

Section 31U.K.

7U.K.Section 31 shall not apply to any judgment—

(a)which has been registered under Part II of the M41Administration of Justice Act 1920 or Part I of the M42Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

Marginal Citations

Section 32 and associated repealU.K.

8(1)Section 32 shall not apply to any judgment—U.K.

(a)which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the M43Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

(2)Section 4(3)(b) of the M44Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.

Marginal Citations

Section 33 and associated repealU.K.

9(1)Section 33 shall not apply to any judgment—U.K.

(a)which has been registered under Part II of the M45Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or

(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.

(2)The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.

Marginal Citations

Section 34U.K.

10U.K.Section 34 shall not apply to judgments given before the commencement of that section.

Section 54.

X11SCHEDULE 14U.K. Repeals

Editorial Information

X11The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ChapterShort TitleExtent of Repeal
41 Geo. 3. c. 90.Crown Debts Act 1801.The preamble.
Sections 1 to 8.
5 Geo. 4. c. 111.Crown Debts Act 1824.The whole Act.
22 & 23 Vict. c. 21.Queen’s Remembrancer Act 1859.Section 24.
31 &32 Vict. c. 54.Judgements Extension Act 1868.The whole Act.
31 & 32 Vict. c. 96.Ecclesiastical Buildings and Glebes (Scotland) Act 1868.In section 4, the words “of the county in which the parish concerned is situated” and the words from “provided” to the end.
45 & 46 Vict. c. 31.Inferior Courts Judgements Extension Act 1882.The whole Act.
Edw. 7. c. 51.Sheriff Courts (Scotland) Act 1907.In section 5, the words from the first “Provided” to “that jurisdiction”.
14 & 15 Geo. 5. c. 27.Conveyancing (Scotland) Act 1924.In section 23(6) the words from “of the county” to “is situated”.
23 & 24 Geo. 5. c. 31.Foreign Judgements (Reciprocal Enforcement) Act 1933.In section 4(2)(a)(i), the words from “otherwise” to “that court”.
Section 4(3)(b).
In section 9(1), the word “superior” in both places where it occurs.
In section 11(1), the definition of “Judgements given in the superior courts of the United Kingdom”.
In section 12, in paragraph (a) the words from “(except” to “this Act)”, and paragraph (d).
In section 13(b), the words “and section two hundred and thirteen”, “respectively” and “and 116”.
14 Geo. 6 c. 37.Maintenance Orders Act 1950.Section 6.
Section 8.
Section 9(1)(a).
In section 16(2)(b)(v), the words from the beginning to “or”.
4 & 5 Eliz. 2. c. 46.Administration of Justice Act 1956.Section 51(a).
1963 c. 22.Sheriff Courts (Civil Jurisdiction and Procedure)(Scotland) Act 1963.In Schedule 1, the entry relating to the Crown Debts Act 1801.
1971 c. 55.Law Reform (Jurisdiction in Delict)(Scotland) Act 1971.The whole Act.
1972 c. 18Maintenance Orders (Reciprocal Enforcement) Act 1972.In section 40—(a) in paragraph (a), the words “against persons in that country or territory”; and (b) in paragraph (b), the words “against persons in the United Kingdom”.
In section 47(3), the words “or having ceased to reside”.
In the Schedule, paragraph 4.
1976 c. 25.Fair Employment (Northern Ireland) Act 1976.Section 47.
1978 c. 23.Judicature (Northern Ireland) Act 1978.In Part II of Schedule 5— (a) the entry relating to the Crown Debts Act 1801; and (b) in the entry relating to the Foreign Judgements (Reciprocal Enforcment) Act 1933, the word “respectively”, where last occuring, and the words “and 116”.
1981 c. 54.Supreme Court Act 1981.In Schedule 5, paragraph 2 of the entry relating to the Foreign Judgements (Reciprocal Enforcement) Act 1933.]

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