The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

Amendment of Part 34 E+W

19.—(1) Part 34 (reciprocal enforcement of maintenance orders) M1 is amended as follows.

(2) In rule 34.1—

(a) in paragraph (2), omit the definitions of—

(i) “the 1982 Act”;

(ii) “the 1988 Convention”;

(iii) “the Judgments Regulation”; and

(iv) “the Lugano Convention”; and

(b) in paragraph (5), omit sub-paragraphs (a) to (d).

(3) In rule 34.2—

(a) in paragraph (2), omit “and section 5(2) of the 1982 Act”; and

(b) in paragraph (3), omit “Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance order or under”.

(4) In rule 34.3, omit “the Maintenance Regulation or”.

(5) In the heading to Chapter 3 of the Part, for the words after “UNDER” substitute “ THE 2007 HAGUE CONVENTION ”.

(6) In rule 34.28A—

(a) in paragraph (1)—

(i) omit sub-paragraph (a)(i); and

(ii) omit sub-paragraph (c); and

(b) omit paragraph (2).

(7) In the heading to Section 1 of Chapter 3 of the Part, for the words after “made in” substitute “ a State bound by the 2007 Hague Convention ”.

(8) Omit rule 34.29.

(9) In rule 34.30—

(a) in paragraph (2)—

(i) omit sub-paragraphs (a) to (d); and

(ii) in sub-paragraph (e), omit “other than a Member State of the European Union”; and

(b) in paragraph (6), omit sub-paragraphs (a) and (b).

(10) In rule 34.31, in paragraph (1), omit sub-paragraphs (a) to (d).

(11) In rule 34.32, in paragraph (1), for the words after “accordance with” up to and including “registration” substitute “ Article 23 of the 2007 Hague Convention ”.

(12) In rule 34.34—

(a) in paragraph (1), for the words after “competent court in” to the end substitute “ a State bound by the 2007 Hague Convention ”; and

(b) omit paragraph (3).

(13) In rule 34.36A—

(a) in paragraph (a), omit sub-paragraphs (i) to (iv);

(b) in paragraph (b), omit sub-paragraphs (i) to (iv); and

(c) in paragraph (c), omit sub-paragraphs (i) to (iv).

(14) In rule 34.36B—

(a) in paragraph (1), omit “Article 58 of the Maintenance Regulation, or”;

(b) in paragraph (2), omit “Article 56 of the Maintenance Regulation or”; and

(c) in the words in parentheses at the end of the rule, omit “and the Maintenance Regulation”.

(15) Omit rule 34.36C.

(16) In the heading to Section 2 of Chapter 3 of the Part, omit “or a Member State of the European Union”.

(17) In rule 34.38—

(a) in paragraph (1), for the words after “the UK” up to and including “Lugano Convention, or by” substitute “ or another Contracting State to ”;

(b) in paragraph (2)(c), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;

(c) in paragraph (3), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;

(d) for paragraph (7) substitute—

“(7) Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.”; and

(e) omit paragraph (8) and the words in parentheses following it.

(18) In rule 34.39—

(a) for paragraph (1), substitute—

“(1) A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.”;

(b) omit paragraph (2); and

(c) in paragraph (5)—

(i) omit sub-paragraphs (b)(i) to (iv); and

(ii) in sub-paragraph (b)(vi), omit “(other than a Member State of the European Union)”.

(19) In rule 34.40—

(a) in paragraph (1), omit—

(i) “and the Maintenance Regulation”;

(ii) “a Member State of the European Union or”; and

(iii) “(other than a Member State of the European Union)”; and

(b) in paragraph (2), omit sub-paragraph (a).

Commencement Information

I1 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 Relevant amendments were made to Part 34 by S.I. 2011/1328, S.I. 2012/679 and S.I. 2012/2806.