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Civil Jurisdiction and Judgments Act 1982, SCHEDULE 13 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 53.
Textual Amendments
F1Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1
1U.K.The following provisions come into force on Royal Assent:
Provision | Subject-matter |
---|---|
section 53(1) and Part 1 of this Schedule. | Commencement. |
section 55 | Short title. |
2U.K.The following provisions come into force at the end of the period of six weeks beginning with the day on which this Act is passed:
Provision | Subject-matter |
---|---|
section 24(1)(a), (2)(a) and (3). | Interim relief and protective measures in cases of doubtful jurisdiction. |
section 29 | Service of county court process outside Northern Ireland. |
section 30 | Proceedings in England and Wales or Northern Ireland for torts to immovable property. |
section 31 | Overseas judgments given against states. |
section 32 | Overseas judgments given in breach of agreement for settlement of disputes. |
section 33 | Certain steps not to amount to submission to jurisdiction of overseas court. |
section 34 | Certain judgments a bar to further proceedings on the same cause of action. |
section 35(3) | Consolidation of Orders in Council under section 14 of the M1Administration of Justice Act 1920. |
section 38 | Overseas judgments counteracting an award of multiple damages. |
section 40 | Power to modify enactments relating to legal aid, etc. |
section 49 | Saving for powers to stay, sist, strike out or dismiss proceedings. |
section 50 | Interpretation: general. |
section 51 | Application to Crown. |
section 52 | Extent. |
paragraphs 7 to 10 of Part II of this Schedule and section 53(2) so far as relates to those paragraphs. | Transitional provisions and savings. |
section 54 and Schedule 14 so far as relating to the repeal of provisions in section 4 of the M2Foreign Judgments (Reciprocal Enforcement) Act 1933. | Repeals consequential on sections 32 and 33. |
3(1)The other provisions of this Act come into force on such day as the Lord Chancellor and the Lord Advocate may appoint by order made by statutory instrument.U.K.
(2)Different days may be appointed under this paragraph for different purposes.
Modifications etc. (not altering text)
C1Power of appointment conferred by Sch. 13 Part I para. 3(1) fully exercised; S.I. 1984/1553, 1986/1781, 2044
1(1)Section 16 and Schedule 4 shall not apply to any proceedings begun before the commencement of that section.U.K.
(2)Nothing in section 16 or Schedule 4 shall preclude the bringing of proceedings in any part of the United Kingdom in connection with a dispute concerning a contract if the parties to the dispute had agreed before the commencement of that section that the contract was to be governed by the law of that part of the United Kingdom.
2(1)In relation to a judgment a certificate whereof has been registered under the 1868 Act or the 1882 Act before the repeal of that Act by this Act, the 1868 Act or, as the case may be, the 1882 Act shall continue to have effect notwithstanding its repeal.U.K.
(2)Where by virtue of sub-paragraph (1) the 1882 Act continues to have effect in relation to an order to which section 47 of the M3Fair Employment (Northern Ireland) Act 1976 (damages etc. for unfair discrimination) applies, that section shall continue to have effect in relation to that order notwithstanding the repeal of that section by this Act.
(3)A certificate issued under Schedule 6 shall not be registered under that Schedule in a part of the United Kingdom if the judgment to which that certificate relates is the subject of a certificate registered in that part under the 1868 Act or the 1882 Act.
(4)In this paragraph—
“the 1868 Act” means the M4Judgments Extension Act 1868;
“the 1882 Act” means the M5Inferior Courts Judgments Extension Act 1882;
“judgment” has the same meaning as in section 18.
3U.K.Schedule 7 and, so far as it relates to that Schedule, section 18 shall not apply to judgments given before the coming into force of that section.
4U.K.Section 19 shall not apply to judgments given before the commencement of that section.
5U.K.Section 20 and Schedule 8 shall not apply to any proceedings begun before the commencement of that section.
6U.K.The power conferred by section 26 shall not be exercisable in relation to property arrested before the commencement of that section or in relation to bail or other security given—
(a)before the commencement of that section to prevent the arrest of property; or
(b)to obtain the release of property arrested before the commencement of that section; or
(c)in substitution (whether directly or indirectly) for security given as mentioned in sub-paragraph (a) or (b).
7U.K.Section 31 shall not apply to any judgment—
(a)which has been registered under Part II of the M6Administration of Justice Act 1920 or Part I of the M7Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or
(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.
8(1)Section 32 shall not apply to any judgment—U.K.
(a)which has been registered under Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or Part I of the M8Maintenance Orders (Reciprocal Enforcement) Act 1972 before the time when that section comes into force; or
(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.
(2)Section 4(3)(b) of the M9Foreign Judgments (Reciprocal Enforcement) Act 1933 shall continue to have effect, notwithstanding its repeal by this Act, in relation to a judgment registered under Part I of that Act before the commencement of section 32.
9(1)Section 33 shall not apply to any judgment—U.K.
(a)which has been registered under Part II of the M10Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 before the time when that section comes into force; or
(b)in respect of which proceedings at common law for its enforcement have been finally determined before that time.
(2)The repeal by this Act of words in section 4(2)(a)(i) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall not affect the operation of that provision in relation to a judgment registered under Part I of that Act before the commencement of section 33.
Marginal Citations
10U.K.Section 34 shall not apply to judgments given before the commencement of that section.]
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