The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Matrimonial and Family Proceedings Act 1984 (c. 42)

10.—(1) The Matrimonial and Family Proceedings Act 1984 is amended as follows.

(2) In section 15(1) (jurisdiction of the court)—

(a) in subsection (1), for “subsection (2)”, substitute “subsections (1A) and (2)”;

(b) after that subsection, insert—

“(1A) If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.”;

(c) in subsection (2)—

(i) the words from “or by virtue of Council Regulation” to “at p 62)” are repealed;

(ii) in paragraphs (a) and (b), the words “that Regulation or” are repealed;

(d) after subsection (2) insert—

“(3) In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.”.

(3) In section 16 (duty of court to consider whether England and Wales is appropriate venue)—

(a) in subsection (1), at the beginning, insert “Subject to subsection (3),”;

(b) after subsection (2) insert—

“(3) If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in subsection (1) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.

(4) In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.”.

(4) In section 28(2) (circumstances in which a Scottish court may entertain application for financial provision)—

(a) in subsection (1), for “subsection (4)” substitute “subsections (3A) and (4)”;

(b) after subsection (3) insert—

“(3A) If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—

(a) those requirements are to be satisfied in respect of the application, or that part of it, instead of the requirements set out in subsection (2), and

(b) the condition mentioned in subsection (3)(e) does not apply.”;

(c) in subsection (4)—

(i) the words from “or by virtue of Council Regulation” to “at p 62)” are repealed;

(ii) in paragraphs (a) and (b) the words “that Regulation or” are repealed;

(d) after that subsection insert—

“(5) “The Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.”.

(1)

Section 15(2) was amended by article 5 of and paragraphs 18 and 19 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 13 of the Schedule to S.I.2007/1655.

(2)

Section 28(4) was amended by article 5 of and paragraphs 18 and 20 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 14 of the Schedule to S.I.2007/1655.