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

Transitional and saving provision – Part 9 and Part 12 E+W

23.—(1) Where in relation to any proceedings the relevant saving provision applies, the relevant rules continue to apply on and after [F1 IP completion day] for the purposes of those proceedings as if the amendments made to those rules by these Regulations had not been made.

(2) In paragraph (1)—

(a) “the relevant saving provision” means regulation 8 of the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 M1 ; and

(b) “the relevant rules” means Part 9, or Part 12, and the definitions of “the Council Regulation” and “the Maintenance Regulation” in Part 2, as applicable.

(3) Where before [F1 IP completion day] the court has issued an order on non-return as referred to in Article 11(6) of the Council Regulation, rule 12.59 continues to apply on and after [F1 IP completion day] if the documents referred to in that rule have not been transmitted as required by that rule by [F1 IP completion day].

(4) Where by virtue of paragraph (1) rule 12.60 continues to apply on and after [F1 IP completion day] in relation to any proceedings, the court may treat any application for an order requiring the return of the child as an application for an order which the court has jurisdiction to make by virtue of the 1996 Hague Convention.

(5) Where by virtue of paragraph (1) rules 12.61 to 12.66 or any of them continue to apply on and after [F1 IP completion day] in relation to any proceedings involving a request for transfer of jurisdiction under Article 15 of the Council Regulation as if the amendments made to them by this Regulation had not been made, the court may treat the request as one made or to be made under Article 8 or Article 9 (as the case may be) of the 1996 Hague Convention and direct accordingly.

(6) Where by virtue of paragraph (1) rule 12.70 continues to apply on or after [F1 IP completion day] as if the amendments made to it by these Regulations had not been made, the court may treat the request which is contemplated as a request to be made under Article 33 of the 1996 Hague Convention.

(7) In paragraphs (3) to (6)—

(a) “the 1996 Hague Convention” has the meaning given to it by rule 2.3; and

(b) “the Council Regulation” has the meaning given to it by rule 2.3 as in force immediately before [F1 IP completion day].

Textual Amendments

F1 Words in reg. 23 substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 8(2)(b)

Commencement Information

I1 Reg. 23 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 SI 2019/494.