The Civil Jurisdiction and Judgments Regulations 2007

Citation and commencement

1.  These Regulations may be cited as the Civil Jurisdiction and Judgments Regulations 2007, and shall come into force on 1st July 2007.

Amendments to the Civil Jurisdiction and Judgments Act 1982

2.—(1) The Civil Jurisdiction and Judgments Act 1982(1) is amended in accordance with this regulation.

(2) In section 1(1), for the definition of “the Regulation” substitute—

““the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th 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 at p62).”.

(3) In section 1(3)—

(a) for the definition of “Brussels Contracting State” substitute—

““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–

(a)

to which the Brussels Conventions apply; and

(b)

which is excluded from the scope of the Regulation pursuant to Article 299 of the Treaty establishing the European Community;”; and

(b) for the definition of “Regulation State” substitute—

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

Amendments to the Civil Jurisdiction and Judgments Order 2001

3.—(1) The Civil Jurisdiction and Judgments Order 2001(2) is amended in accordance with this regulation.

(2) In article 2(1)—

(a) after the definition of “the Act” insert—

““the 2005 Agreement” means the Agreement made on 19th 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(3);”;

(b) for the definition of “the Regulation” substitute—

““the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the 2005 Agreement;”; and

(c) for the definition of “Regulation State” substitute—

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

(3) After article 3, insert—

“The 2005 Agreement

3A.   The Regulation shall have effect as regards Denmark in accordance with the 2005 Agreement.”.

Amendments to the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001

4.—(1) The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001(4) is amended in accordance with this regulation.

(2) In article 1(2)—

(a) for the definition of “the Regulation” substitute—

““the Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th 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(5);”; and

(b) for the definition of “Regulation State” substitute—

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

Consequential Amendments

5.  The Schedule to these Regulations (which makes consequential provisions) shall have effect.

Signed by authority of the Lord Chancellor

Catherine Ashton

Parliamentary Under Secretary of State

Ministry of Justice

8th June 2007