The Family Procedure (Amendment) Rules 2011

Transitional provisions

38.—(1) In relation to proceedings for the registration of a maintenance order under the Judgments Regulation which have been commenced prior to, and are continuing on the 18th June 2011—

(a) rules 34.30 and 34.31 apply as if the amendments to those rules made above had not been made;

(b) rule 34.36A inserted by rule 32 above applies as if—

(i) sub-paragraph (a) included a reference to Articles 37 and 46 of the Judgments Regulation;

(ii) sub-paragraphs (b) and (c) included a reference to Article 55 of that Regulation.

(2) Rule 34.26 applies as if the amendment to that rule made above had not been made—

(a) where proceedings to which rule 34.26 applies have been commenced before, and are continuing on, the 18th June 2011, except that where those proceedings relate to a provisional order which is made and confirmed by a court in England and Wales, rule 34.26 does not apply to any subsequent proceedings for the enforcement of that order in the Republic of Ireland;

(b) in relation to a maintenance order registered before the 18th June 2011 by virtue of the Maintenance Orders (Reciprocal Enforcement) Act 1972(1) as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993(2).

(3) In this rule, “the Judgments Regulation” means Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

(1)

1972 c.18.

(2)

S.I.1993/594.