The Family Procedure Rules 2010

Interpretation E+W

31.2.—(1) In this Part —

(a) “judgment” is to be construed —

(i) in accordance with the definition in Article 2(4) of the Council Regulation where it applies;

(ii) in accordance with regulation 6 of the Jurisdiction and Recognition of Judgments Regulations where those Regulations apply; F1 ...

(iii) as meaning any measure taken by an authority with jurisdiction under Chapter II of the 1996 Hague Convention where that Convention applies; [F2 or]

[F3 (iv) in accordance with regulation 4(1)(a) of The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 where those Regulations apply.]

(b) “the Jurisdiction and Recognition of Judgments Regulations” means the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 M1 ;

[F4 (ba) “the 2014 Regulations” means the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014]

(c) “Member State” means —

(i) where registration, recognition or non-recognition is sought of a judgment under the Council Regulation, a Member State of the European Union which is bound by that Regulation or a country which has subsequently adopted it;

(ii) where recognition is sought of a judgment to which the Jurisdiction and Recognition of Judgments Regulations apply, a Member State of the European Union to which Part II of those Regulations applies;

[F5 (iii) where recognition is sought of a judgment to which the 2014 Regulations apply, a member State of the European Union to which Part II of those Regulations applies.]

(d) “Contracting State” means a State, other than a Member State within the meaning of (c) above, in relation to which the 1996 Hague Convention is in force as between that State and the United Kingdom; and

(e) “parental responsibility” —

(i) where the Council Regulation applies, has the meaning given in Article 2(7) of that Regulation; and

(ii) where the 1996 Hague Convention applies, has the meaning given in Article 1(2) of that Convention.

(2) References in this Part to registration are to the registration of a judgment in accordance with the provisions of this Part.

Textual Amendments

F1 Word in rule 31.2(1)(a)(ii) omitted (13.3.2014) by virtue of The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 7(a)

F2 Word in rule 31.2(1)(a)(iii) inserted (13.3.2014) by The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 7(b)

F3 Rule 31.2(1)(a)(iv) inserted (13.3.2014) by The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 7(c)

F4 Rule 31.2(1)(ba) inserted (13.3.2014) by The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 7(d)

F5 Rule 31.2(1)(c)(iii) inserted (13.3.2014) by The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 7(e)

Marginal Citations

M1 S.I. 2005/3334.