Part VU.K. Supplementary and General Provisions

GeneralU.K.

50 Interpretation: general.U.K.

In this Act, unless the context otherwise requires—

  • [F1“the Accession Convention”, [F2“the 1982 Accession Convention” [F3and “the 1989 Accession Convention”]] have the meaning given by section 1(1);]

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “association” means an unincorporated body of persons;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “Contracting State” has the meaning given by section 1(3);

  • “the 1968 Convention” has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a);

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “corporation” means a body corporate, and includes a partnership subsisting under the law of Scotland;

  • “court”, without more, includes a tribunal;

  • “court of law”, in relation to the United Kingdom, means any of the following courts, namely—

    (a)

    [F8the Supreme Court,]

    (aa)

    [F9in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,]

    (b)

    in F10... Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,

    (c)

    in Scotland, the Court of Session [F11, the Sheriff Appeal Court] and a sheriff court;

  • “enactment” includes an enactment comprised in Northern Ireland legislation;

  • [F12“the expert reports relating to the 1968 Convention” means—

    (a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol;

    (b) the report by Professor Peter Schlosser on the Accession Convention;

    (c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention; and

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

  • [F13“the 2005 Hague Convention” has the meaning given by section 1(1);

  • “2005 Hague Convention State” has the meaning given by section 1(3);]

  • [F14“the 2007 Hague Convention” has the meaning given by section 1(1);

  • “2007 Hague Convention State” has the meaning given by section 1(3);]

  • [F15“the 2019 Hague Convention” has the meaning given by section 1(1);

  • “2019 Hague Convention State” has the meaning given by section 1(3);]

  • “the Crown” is to be construed in accordance with section 51(2);

  • “judgment”, subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “modifications” includes additions, omissions and alterations;

  • “overseas country” means any country or territory outside the United Kingdom;

  • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • “the 1971 Protocol” has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a);

  • [F20“the Regulation” has the meaning given by section 1(1);]

  • F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “rules of court”, in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—

    (a)

    in Scotland, Acts of Sederunt;

    (b)

    in Northern Ireland, Judgment Enforcement Rules;

  • F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—

    (a)

    subordinate legislation (as defined in section 21(1) of the M1Interpretation Act 1978); or

    (b)

    any instrument of a legislative character made under any Northern Ireland legislation;

  • “tribunal”—

    (a)

    means a tribunal of any description other than a court of law;

    (b)

    F23...

Textual Amendments

F1Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9

F8S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)

F9Words in s. 50 inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10Words in s. 50 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15Words in s. 50 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (S.I. 2024/713), reg. 18

F16S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)

F20S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

Marginal Citations