The Civil Jurisdiction and Judgments Order 2001

Article 5

SCHEDULE 3 U.K. CONSEQUENTIAL AMENDMENTS

The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24) U.K.

1.  In section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 M1 (deduction from pay in respect of liabilities for maintenance, etc), in subsection (2A)(b) after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” add “or under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

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M1 1947 c. 24. Section 1(2A) was inserted by section 15 of the Armed Forces Act 1991 (c. 62).

The Army Act 1955 (c. 18) U.K.

2.  In section 150 of the Army Act 1955 M2 (enforcement of maintenance and affiliation orders by deduction from pay), in subsection (5) after “Part I of the Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M2 1955 c. 18. The first paragraph of subsection (5) was amended by section 22(1) of, and paragraph 2 of the Schedule to, the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) and section 15(4) of, and paragraph 1 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c. 27).

The Air Force Act 1955 (c. 19) U.K.

3.  In section 150 of the Air Force Act 1955 M3 (enforcement of maintenance and affiliation orders by deduction from pay), in subsection (5) after “Part I of the Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M3 1955 c. 19. The first paragraph of subsection (5) was amended by section 22(1) of, and paragraph 2 of the Schedule to, the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) and section 15(4) of, and paragraph 1 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c. 27).

The Naval Discipline Act 1957 (c. 53) U.K.

4.  In section 101 of the Naval Discipline Act 1957 M4 (service of proceedings for maintenance, etc), in subsection (5) after “Part I of the Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M4 1957 c. 53. Subsection (5) was amended by section 22(1) of, and paragraph 3 of the Schedule to, the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) and section 15(4) of, and paragraph 2 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c. 27).

The Maintenance Orders Act 1958 (c. 39) U.K.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 5 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. & O. (N.I.) 1965 No. 217 U.K.

6.  In regulation 3B(1) of the Legal Aid (General) Regulations (Northern Ireland) 1965 M5 (registration of certain foreign orders and judgments) after “the Civil Jurisdiction and Judgments Act 1982” insert—

“or who applies for the registration of a judgment under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

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M5 S.R. & O. (N.I.) 1965 No. 217. Regulation 3B was inserted by regulation 2 of the Legal Aid (General) (Amendment) (No. 2) Regulations (Northern Ireland) 1968 (S.R. 1986 No. 346).

The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35)(N.I.) U.K.

7.  In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M6 (orders to which Part II of that Act applies), in subsections (2) and (5), after “the Civil Jurisdiction and Judgments Act 1982” insert—

“or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

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M6 1966 c. 35 (N.I.). Subsection 10(5) was inserted by section 22 of, and paragraph 5(b) of the Schedule to, the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18). Sections 10(2) and (5) were amended by section 15(4) of, and paragraph 4 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27).

The Administration of Justice Act 1970 (c. 31) U.K.

8.  In Schedule 8 to the Administration of Justice Act 1970 M7 (which lists maintenance orders for the purposes of Part II of that Act), after paragraph 13 insert—

“13A.   A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is registered in a magistrates’ court under that Regulation.”.

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M7 1970 c. 31. Paragraph 13 was inserted by section 15(4) of, and paragraph 5 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c. 27).

The Attachment of Earnings Act 1971 (c. 32) U.K.

9.  In Schedule 1 to the Attachment of Earnings Act 1971 M8 (which lists maintenance orders to which that Act applies) after paragraph 13 insert—

“14.   A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is registered in a magistrates’ court under that Regulation.”.

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M8 1971 c. 32. Paragraph 13 was inserted by section 15(4) of, and paragraph 6 of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c. 27).

The Magistrates’ Courts Act 1980 (c. 43) U.K.

10.  The Magistrates’ Courts Act 1980 M9 is amended as follows.

Marginal Citations

M9 1980 c. 43.

F2 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. 3 para. 11 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

12.  In subsection 7 of section 95 M10 (remission of arrears and manner in which arrears to be paid) in paragraph (a) of the definition of “non-English maintenance order”— U.K.

(a) at the end of sub-paragraph (iii) omit “or”;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 12(b)(c) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

M10 Section 95 was substituted by section 11(1) of, and paragraph 8 of Schedule 2 to, the Maintenance Enforcement Act 1991 (c. 17).

The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)) U.K.

13.  The Magistrates’ Courts (Northern Ireland) Order 1981 M11 is amended as follows.

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M11 S.I. 1981/1675 (N.I. 26).

14.  In paragraph (7) of Article 87 M12 (remission of arrears and manner in which arrears to be paid) in paragraph (a) of the definition of “non-Northern Ireland maintenance order”— U.K.

(a) at the end of sub-paragraph (iii) omit “or”;

(b) at the end of sub-paragraph (iv) add “or”;

(c) after sub-paragraph (iv) insert—

“(v) under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;”.

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M12 Article 87 was substituted by Article 9(2) of the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I.6)).

15.  In Article 88 M13 (definition of “domestic proceedings” for the purposes of that Order), at the end of paragraph (a) insert— U.K.

“or under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so far as that Regulation relates to the recognition or enforcement of maintenance orders;”.

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M13 Article 88(a) was amended by section 15(4) of, and paragraph 8(1) of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27).

16.  In Article 98 M14 (enforcement of orders for periodical payment of money) at the end of paragraph (11)(b) insert— U.K.

“or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;”.

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M14 Article 98(11)(b) was amended by section 15(4) of, and paragraph 8(2) of Part I of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27).

The Merchant Shipping (Liner Conferences) Act 1982 (c. 37) U.K.

17.  In section 5 of the Merchant Shipping (Liner Conferences) Act 1982 M15 (liability of members of conference to be in proportion to their responsibility), in subsection (6), after “Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M15 1982 c. 37.

The Matrimonial and Family Proceedings Act 1984 (c. 42) U.K.

18.  The Matrimonial and Family Proceedings Act 1984 M16 is amended as follows.

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M16 1984 c. 42.

19.  In section 15 (jurisdiction of the court), in subsection (2)— U.K.

(a) after “(implementation of certain European conventions)” insert “ or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or ”; and

(b) in paragraph (a) and (b) after “by virtue of” insert “ that Regulation or ”.

20.  In section 28 (circumstances in which a Scottish court may entertain application for financial provision), in subsection (4)— U.K.

(a) after “(implementation of certain European conventions)” insert “ or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or ”; and

(b) in paragraph (a) and (b) after “by virtue of” insert “ that Regulation or ”.

The Companies Act 1989 (c. 40) U.K.

21.  In section 183 of the Companies Act 1989 M17 (insolvency proceedings in other jurisdictions), in subsection (3) after “the Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M17 1989 c.40.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I.4)) U.K.

22.  In Article 19 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 M18 (jurisdiction of the court), in paragraph (2)—

(a) after “(implementation of certain European conventions)” insert “ or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or ”; and

(b) in sub-paragraphs (a) and (b) after “by virtue of” insert “ that Regulation or ”.

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M18 S.I. 1989/677 (N.I.4.)

The Companies (No. 2)(Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)) U.K.

23.  In Article 104 of the Companies (No.2) (Northern Ireland) Order 1990 M19 (insolvency proceedings in other jurisdictions) in paragraph (3) after “the Civil Jurisdiction and Judgments Act 1982” insert “ or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ”.

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M19 S.I. 1990/1504 (N.I.10)

The Social Security Administration Act 1992 (c. 5) U.K.

24.  In section 108 of the Social Security Administration Act 1992 M20 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State) in subsection (4)(a)—

(a) at the end of sub-paragraph (ii) omit “or”;

(b) at the end of sub-paragraph (iii) substitute “or” for “ and ”; and

(c) after sub-paragraph (iii) insert—

“(iv) Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and”.

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M20 1992 c. 5.

The Social Security Administration (Northern Ireland) Act 1992 (c.8) (N.I.) U.K.

25.  In section 103 of the Social Security Administration (Northern Ireland) Act 1992 M21 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) in subsection (4)(a)—

(a) at the end of sub-paragraph (ii) omit “or”;

(b) at the end of sub-paragraph (iii) substitute “or” for “ and ”; and

(c) after sub-paragraph (iii) insert—

“(iv) the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and”.

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M21 1992 c.8 (N.I.).

The Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 (S.I. 1997/302) U.K.

26.  In article 2 of the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 M22 —

(a) in paragraph (a) after “Lugano Contracting State” insert “ or Regulation State ”; and

(b) for paragraph (b) substitute—

“(b) proceedings whose subject-matter is not within the scope of the Regulation as determined by Article 1 of the Regulation”.

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M22 S.I. 1997/302.

The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979) U.K.

27.  In regulation 25 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 M23 (insolvency proceedings in other jurisdictions), at the end of paragraph (3) add “or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

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M23 S.I. 1999/2979.

The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516) U.K.

28.  In regulation 3 of the Community Legal Service (Financial) Regulations 2000 M24 (financial eligibility), in paragraph (1)(g)—

(a) at the end of sub-paragraph (ii) insert “; or” and

(b) after sub-paragraph (ii) insert—

“(iii) applies for the registration of a judgment under Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

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M24 S.I. 2000/516.