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The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

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Amendment of the Family Law Act 1986S

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2.—(1) The Family Law Act 1986 M1 is amended as follows.

(2) In section 14 M2 (power of court to refuse application or sist proceedings) in subsection (2)—

(a)at the end of paragraph (b) insert “ or ”,

(b)omit paragraph (c), and

(c)in the words following paragraph (d), omit “Article 15 of the Council Regulation or” and “of the Council Regulation”.

(3) In section 15 M3 (duration, variation and recall of orders) in subsection (1)(b) omit “or by virtue of the Council Regulation”.

(4) In section 17A M4, omit “Sections 2 and 3 of Chapter II of the Council Regulation and are subject to”.

(5) In section 26 M5 (recognition: special Scottish rule), omit subsection (2).

(6) In section 42 M6 (general interpretation of Part 1), in subsection (1), omit the definition of “the Council Regulation”.

(7) In section 45 M7 (recognition in the United Kingdom of overseas divorces, annulments and legal separations)—

(a)in subsection (1) omit “subsection (2) of this section and to”, and

(b)omit subsection (2).

(8) In section 54 M8 (interpretation of Part 2), in subsection (1), omit the definition of “the Council Regulation”.

Commencement Information

I1Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4Section 17A was inserted by S.S.I. 2005/42 and amended by S.S.I. 2010/213.

M5Section 26(2) was inserted by S.S.I. 2001/36 and amended by S.S.I. 2005/42.

M6Section 42 was amended by S.S.I. 2005/623 and S.S.I. 2010/213.

M7Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.

M8The definition in section 54(1) was inserted by S.S.I. 2005/42.

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