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Civil Jurisdiction and Judgments Act 1982
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Changes over time for: Section 28
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Civil Jurisdiction and Judgments Act 1982, Section 28 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 8 rule 2(g) words substituted by 2024 asp 2 Sch. 1 para. 15
28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.U.K.
F1[(1)]When any proceedings have been brought, or are likely to be brought, F2... [F3in 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 [F4Regulation] as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M1Administration of Justice (Scotland) Act 1972 [F5as 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.
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 28 re-numbered as s. 28(1) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 8(2)
F2Words in s. 28(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 35 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 28(1) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 15
F4Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)
F5Words inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 59, Sch. 2 para. 24
F6S. 28(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(9) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
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