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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1484
- SCHEDULE 7
- Paragraph 23
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Children (Northern Ireland) Order 1995 (SI 1995/755 (NI 2))U.K.
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23.—(1) Schedule 1 to the Children (Northern Ireland) Order 1995 is amended as follows.
(2) In paragraph 12—
(a)in sub-paragraph (2) for “Where” substitute “ Subject to sub-paragraph (2A), where ”;
(b)after that sub-paragraph, insert—
“(2A) 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)the requirement as to domicile or residence in sub-paragraph (2) does not apply to the application or that part of it, but
(b)the court may not entertain the application or that part of it unless it has jurisdiction by virtue of that Regulation and that Schedule.
(2B) In sub-paragraph (2A), “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) For paragraph 16 substitute—
“16.—(1) Where jurisdiction in relation to the subject-matter of an application under paragraph 1 to this Schedule would fall to be determined by the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court will not entertain the application unless it has jurisdiction by virtue of the Maintenance Regulation and the 2011 Regulations.
(2) In sub-paragraph (1), “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.”.
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