Part II Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

C1C8C4C5C6C718 Enforcement of U.K. judgments in other parts of U.K.

1

In relation to any judgment to which this section applies—

a

Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

b

Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

2

In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

a

any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

b

any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or F12the county court;

c

any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

d

any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

e

an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

F1f

an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation F16... within the F15meaning given by section 341 of that Act F22or an unexplained wealth order made under that Part (see sections 362A and 396A of that Act);

F14g

an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation F23, a detained property investigation F29, a frozen funds investigation or a cryptoasset investigation within the F24meanings given by section 341 of that Act;

and, subject to the following provisions of this section, this section applies to all such judgments.

3

Subject to F18subsections (4) F25, (4ZA) and (4ZB), this section does not apply to—

a

a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

b

a judgment given in proceedings other than civil proceedings;

F2ba

a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section F3426 of the Insolvency Act 1986;

c

a judgment given in proceedings relating to—

F4i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

the obtaining of title to administer the estate of a deceased person;

F5d

an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).

4

This section applies, whatever the nature of the proceedings in which it is made, to—

a

a decree issued under section 13 of the M1Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

b

an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the M2Contempt of Court Act 1981 or section 140 of the M3F6Senior Courts Act 1981 (which relate to fines for contempt of court and forfeiture of recognisances).

F194ZA

This section applies to a freezing order made under section 40D of the Immigration Act 2014 by a magistrates' court in England and Wales or a court of summary jurisdiction in Northern Ireland.

F264ZB

This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

a

an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

b

an order for the forfeiture of money made under section 303Z14 of that Act;

F30ba

a crypto wallet freezing order made under section 303Z37 of that Act;

bb

an order for the forfeiture of cryptoassets made under section 303Z41 or 303Z45 of that Act;

c

an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

d

an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.

F31da

a crypto wallet freezing order made under paragraph 10Z7BB of that Schedule;

db

an order for the forfeiture of cryptoassets made under paragraph 10Z7CA or 10Z7CE of that Schedule.

F74A

This section does not apply as respects—

a

the enforcement in Scotland of orders made by the High Court or F11the county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

b

the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of F8the Proceeds of Crime (Scotland) Act 1995

5

This section does not apply to so much of any judgment as—

a

is an order to which section 16 of the M4Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

b

concerns the status or legal capacity of an individual;

c

relates to the management of the affairs of a person not capable of managing his own affairs;

d

is a provisional (including protective) measure F27other than an order of any of the following kinds—

i

a freezing order of the kind mentioned in paragraph (a) F32, (ba)F33, (c) or (da) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);

ii

an order for the making of an interim payment;

iii

an interim order made in connection with the civil recovery of proceeds of unlawful conduct;

iv

an interim freezing order under section 362J of the Proceeds of Crime Act 2002;

v

an interim freezing order under section 396J of that Act.

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

6

The following are within subsection (5)(b), but without prejudice to the generality of that provision—

a

F28a judicial separation order or a decree of judicial separation or of separation;

F9b

any order which is a Part I order for the purposes of The Family Law Act 1986.

F136A

In subsection (5)(d), “an interim order made in connection with the civil recovery of proceeds of unlawful conduct” means any of the following made under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002—

a

a property freezing order or prohibitory property order;

b

an order under section 245E or 245F of that Act (order relating to receivers in connection with property freezing order);

c

an interim receiving order or interim administration order.

F17d

an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).

C2C3C97

This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M5Administration of Justice Act 1920, Part I of the M6Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M7Maintenance Orders (Reciprocal Enforcement) Act 1972 F10, the International Recovery of Maintenance (Hague Convention 2007) Regulations 2012F21... F20... F34, or section 4B, 4C, 6B or 6C of this Act.

8

A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.