Part I Implementation of the Conventions

Main implementing provisions

1 Interpretation of references to the Conventions and Contracting States.

1

In this Act—

  • “the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

  • “the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

  • “the Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

  • F1“the 1982 Accession Convention” means the Convention on the accession of the Hellenic Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;

  • F2 “the 1989 Accession Convention”means the Convention on the accession of the kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol,with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989

  • F3“the 1996 Accession Convention" means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,

  • F37“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague;

  • F33“the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

  • F4F5 “the Brussels Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention F6, the 1989 Accession Convention and the 1996 Accession Convention.

  • F7“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007 M1.

  • F8“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;

  • F36“the Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);

2

In this Act, unless the context otherwise requires—

F9a

references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention F10, the 1989 Accession Convention and the 1996 Accession Convention; and

aa

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12b

any reference in any provision to a numbered Article without more is a reference—

i

to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

ii

to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.

F133

In this Act—

  • F38“2005 Hague Convention State”, in any provision, in the application of that provision in relation to the 2005 Hague Convention, means a State bound by that Convention;

  • F34“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;

  • “Contracting State”, without more, in any provision means—

    1. a

      in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; F39...

    2. b

      in the application of the provision in relation to the Lugano Convention, a F14State bound by the Lugano Convention; F40and

    3. c

      F41in the application of the provision in relation to the 2005 Hague Convention, a 2005 Hague Convention State;

  • F15“Brussels Contracting State” means a state which is one of the original parties to the 1968 Convention or one of the parties acceding to that Convention under the Accession Convention, or under the 1982 Accession Convention, or under the 1989 Accession Convention, but only with respect to any territory–

    1. a

      to which the Brussels Conventions apply; and

    2. b

      which is excluded from the scope of the Regulation pursuant to F35Articles 349 and 355 of the Treaty on the Functioning of the European Union;

  • F16“Maintenance Regulation State”, in any provision, in the application of that provision in relation to the Maintenance Regulation means a Member State;

  • F17“State bound by the Lugano Convention”in any provision, in the application of that provision in relation to the Lugano Convention has the same meaning as in Article 1(3) of that Convention

  • F18“Regulation State” in any provision, in the application of that provision in relation to the Regulation, means a Member State.

4

Any question arising as to whether it is the Regulation, any of F42the Brussels Conventions, the Lugano Convention, or the 2005 Hague Convention which applies in the circumstances of a particular case shall be determined as follows—

a

in accordance with F19Article 64 of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); F43...

b

in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation) F44; and

F45c

in accordance with Article 26 of the 2005 Hague Convention (which determines the relationship between the Brussels Conventions, the Lugano Convention, the Regulation and the 2005 Hague Convention).

2 The F20Brussels Conventions to have the force of law.

1

The F20Brussels Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

F212

For convenience of reference there are set out in Schedules 1, 2, 3, 3A F22, 3B and 3C respectively the English texts of—

a

the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention F23. . . by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention F24and by Titles II and III of the 1996 Accession Convention;

b

the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention F23. . . by Title IV of the 1989 Accession Convention F25and by Title IV of the 1996 Accession Convention;

c

Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

d

Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

e

Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

F26f

Titles V and VI of the 1996 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention F27, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention.

3 Interpretation of the F28Brussels Conventions.

1

Any question as to the meaning or effect of any provision of the F28Brussels Conventions shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

2

Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

3

Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

a

the M2reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

b

the M3report by Professor Peter Schlosser on the Accession Convention F29; and

c

the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession ConventionF30; and

d

the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,

may be considered in ascertaining the meaning or effect of any provision of the F28Brussels Conventions and shall be given such weight as is appropriate in the circumstances.

3A The Lugano Convention to have the force of law.

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3B Interpretation of the Lugano Convention.

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .