SCHEDULES
F1SCHEDULE A1 Jurisdiction in relation to marriage of same sex couples
5Power to make provision corresponding to EC Regulation 2201/2003
1
The Lord Chancellor may by regulations make provision—
a
as to the jurisdiction of courts in England and Wales in proceedings for the divorce of, or annulment of the marriage of, a same sex couple or for judicial separation of a married same sex couple where one of the couple—
i
is or has been habitually resident in a member State,
ii
is a national of a member State, or
iii
is domiciled in a part of the United Kingdom or the Republic of Ireland, and
b
as to the recognition in England and Wales of any judgment of a court of another member State which orders the divorce of, or annulment of a marriage of, a same sex couple or the judicial separation of a married same sex couple.
2
The regulations may in particular make provision corresponding to that made by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation to jurisdiction and the recognition and enforcement of judgments in matrimonial matters.
3
The regulations may provide that for the purposes of the regulations “member State” means—
a
all member States with the exception of such member States as are specified in the regulations, or
b
such member States as are specified in the regulations.
4
The regulations may make provision under sub-paragraph (1)(b) which applies even if the date of the divorce, annulment or judicial separation is earlier than the date on which this paragraph comes into force.
5
Regulations under this paragraph are to be made by statutory instrument.
6
A statutory instrument containing regulations under this paragraph may not be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.
Sch. A1 inserted (31.10.2013 for specified purposes, 13.3.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 8; S.I. 2013/2789, art. 2(b); S.I. 2014/93, art. 3(j)(i)