The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020

Amendment of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

5.—(1) The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In each of the following for “exit day” substitute “IP completion day”—

(a) regulation 6(2)(b)(ii) (Civil Jurisdiction and Judgments Act 1982), in the insertion made by that regulation to the definition of “the Regulation” in section 1(1) of the Civil Jurisdiction and Judgments Act 1982(2);

(b) regulation 26 (jurisdiction in consumer and employment matters)—

(i) in the new section 15A(2) of the Civil Jurisdiction and Judgments Act 1982 (scope of sections 15B to 15E) inserted by that regulation, and

(ii) in the new section 15E(2)(a) of the Civil Jurisdiction and Judgments Act 1982 (interpretation) inserted by that regulation, in both places where it appears;

(c) regulation 28 (jurisdiction in other civil proceedings)—

(i) in the substitution made by paragraph (2) of that regulation, and

(ii) in the new subsection (3A) inserted into section 16 of the Civil Jurisdiction and Judgments Act 1982 (allocation within UK or jurisdiction in certain civil proceedings) by paragraph (5) of that regulation;

(d) regulation 31(4) (recognition of judgments), in the new section 20(6) of the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland) inserted by that regulation;

(e) regulation 73 (the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997)—

(i) in the insertion made by paragraph (2) of that regulation, and

(ii) in the new paragraph (2) inserted into article 4 of the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997(3) by paragraph (3)(b) of that regulation;

(f) regulation 82(1) (the 1968 Convention, the Lugano Conventions and the EC-Denmark Agreement);

(g) regulation 92(1) and (3) (savings relating to jurisdiction, recognition and enforcement), wherever it appears;

(h) regulation 93(2) and (3) (modifications of relevant instruments and EU-derived domestic legislation saved by regulation 92), wherever it appears, and

(i) regulation 95(4) (interpretation of this Part).

(3) In regulation 92(2)—

(a) at the end of sub-paragraph (a), insert “except where it was superseded by Regulation (EU) No 1215/2012 in accordance with article 68 of that Regulation;”;

(b) omit sub-paragraph (c);

(c) omit sub-paragraph (e), and

(d) omit sub-paragraph (f).

(4) After regulation 93 insert—

“Saving relating to jurisdiction, recognition and enforcement: application of Articles 67 and 69 of the withdrawal agreement

93A.   Nothing in these Regulations affects the application of paragraphs 1(a) and 2(a) of Article 67 and paragraph 2 of Article 69 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of those paragraphs as if the amendments or revocations had not been made.

Saving for requests received before IP completion day through the European Judicial Network: application of Article 68 of the withdrawal agreement

93B.   Nothing in these Regulations affects the application of paragraph (c) of Article 68 of the withdrawal agreement and Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (2001/470/EC) continues to have effect for the purposes of that paragraph.”.

(5) Omit regulation 94 (savings for European Enforcement Orders and European Orders for Payment applied for, and European Small Claims Procedures commenced, before exit day).

(1)

S.I. 2019/479.

(2)

1982 c. 27.

(3)

S.I. 1997/2602.