http://www.legislation.gov.uk/id/uksi/2007/1655

SCHEDULEConsequential Amendments

Regulation 5

PART 1Primary legislation

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

1. (1)

Section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 19479 (deduction from pay in respect of liabilities for maintenance, etc) is amended in accordance with this paragraph.

(2)

In subsection (2A)(b), after “civil and commercial matters” insert “, 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)”.

The Army Act 1955 (c.18)

2. (1)

Section 150 of the Army Act 195510 (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.

(2)

In subsection (5), after “civil and commercial matters” insert “, 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);”.

The Air Force Act 1955 (c.19)

3. (1)

Section 150 of the Air Force Act 195511 (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.

(2)

The Naval Discipline Act 1957 (c.53)

4. (1)

Section 101 of the Naval Discipline Act 195712 (service of proceedings for maintenance, etc) is amended in accordance with this paragraph.

(2)

The Maintenance Orders Act 1958 (c.39)

5. (1)

Section 1 of the Maintenance Orders Act 195813 (application of Part I) is amended in accordance with this paragraph.

(2)

In subsection (4), after “civil and commercial matters” insert “, 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)”.

The Administration of Justice Act 1970 (c.31)

6. (1)

Schedule 8 to the Administration of Justice Act 197014 (which lists maintenance orders for the purposes of the 1958 Act and Part II of the 1970 Act) is amended in accordance with this paragraph.

(2)

In paragraph 13A, after “civil and commercial matters” insert “, 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)”.

The Attachment of Earnings Act 1971 (c.32)

7. (1)

Schedule 1 to the Attachment of Earnings Act 197115 (which lists maintenance orders to which that Act applies) is amended in accordance with this paragraph.

(2)

In paragraph 14, after “civil and commercial matters” insert “, 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)”.

The Magistrates’ Courts Act 1980 (c.43)

8.

The Magistrates’ Courts Act 198016 is amended as follows.

9.

In section 65 (meaning of family proceedings), in subsection (1)(r), after “civil and commercial matters” insert “, 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)”.

10.

In section 95 (remission of arrears and manner in which arrears to be paid), in subsection (7), in the definition of “non-English maintenance order”, in paragraph (a)(v), after “civil and commercial matters” insert “, 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)”.

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

11. (1)

Section 5 of the Merchant Shipping (Liner Conferences) Act 198217 (liability of members of conference to be in proportion to their responsibility) is amended in accordance with this paragraph.

(2)

In subsection (6), after “civil and commercial matters” insert “, 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)”.

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

12.

The Matrimonial and Family Proceedings Act 198418 is amended as follows.

13.

In section 15 (jurisdiction of the court), in subsection (2), after “civil and commercial matters” insert “, 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)”.

14.

In section 28 (circumstances in which a Scottish court may entertain application for financial provision), in subsection (4), after “civil and commercial matters” insert “, 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)”.

The Companies Act 1989 (c.40)

15. (1)

Section 183 of the Companies Act 198919 (insolvency proceedings in other jurisdictions) is amended in accordance with this paragraph.

(2)

In subsection (3), after “civil and commercial matters” insert “, 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)”.

The Social Security Administration Act 1992 (c.5)

16. (1)

Section 108 of the Social Security Administration Act 199220 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State) is amended in accordance with this paragraph.

(2)

In subsection (4)(a)(iv), after “civil and commercial matters” insert “, 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)”.

The Social Security Administration (Northern Ireland) Act 1992 (c.8)

17. (1)

Section 103 of the Social Security Administration (Northern Ireland) Act 199221 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) is amended in accordance with this paragraph.

(2)

The Civil Partnership Act 2004 (c.33)

18. (1)

Part 2 of Schedule 11 to the Civil Partnership Act 200422 (circumstances in which the court may entertain an application for financial provision) is amended in accordance with this paragraph.

(2)

In paragraph 2(4), after “civil and commercial matters” insert “, 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)”.

Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

F119.

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

PART 2Secondary legislation

The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)

20. (1)

The Legal Aid (General) Regulations (Northern Ireland) 196524 are amended in accordance with this paragraph.

21.

In regulation 3B(1) (registration of certain foreign orders and judgments)25, after “civil and commercial matters” insert “, 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 matters26”.

The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))

22.

The Magistrates’ Courts (Northern Ireland) Order 198127 is amended as follows.

23.

In article 87 (remission of arrears and manner in which arrears to be paid), in paragraph (7), in the definition of “non-Northern Ireland maintenance order”, in subparagraph (a)(v), after “civil and commercial matters” insert “, 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 matters28”.

24.

In article 88 (definition of domestic proceedings for the purposes of that Order), in subparagraph (a), after “civil and commercial matters” insert “, 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 matters29”.

25.

In article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(b), after “civil and commercial matters” insert “, 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 matters30”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (No. 677 (N.I. 4))

26. (1)

Article 19 of the Matrimonial and Family Proceedings (Northern Ireland) Order 198931 (jurisdiction of the court) is amended in accordance with this paragraph.

(2)

In paragraph (2), after “civil and commercial matters” insert “, 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 matters32”.

The Companies (No.2) (Northern Ireland) Order 1990 (No. 1504 (N.I. 10))

27. (1)

The Companies (No.2) (Northern Ireland) Order 199033 is amended in accordance with this paragraph.

(2)

In Article 104 (insolvency proceedings in other jurisdictions), in paragraph (3), after “civil and commercial matters” insert “, 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 matters34”.

The Civil Procedure Rules 1998 (SI 1998/3132)

28.

The Civil Procedure Rules 199835 are amended as follows.

29.

In rule 6.18 (definitions)—

(a)

in subparagraph (j), after “civil and commercial matters” insert “, 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 matters36”; and

(b)

in subparagraph (k), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State.”.

30.

In rule 12.11 (supplementary provisions where applications for default judgment are made), in paragraph (6)—

(a)

in subparagraph (e) after “civil and commercial matters” insert “, 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 matters37”; and

(b)

in subparagraph (f), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State.”.

31.

In Part 74 (Enforcement of judgments in different jurisdictions)—

(a)

in rule 74.1 (scope of this Part and interpretation), in paragraph (5)(d), after “civil and commercial matters” insert “, 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 matters38”; and

(b)

in rule 74.2 (interpretation), in paragraph (1)(b), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State;”.

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

32. (1)

The Financial Markets and Insolvency (Settlement Finality) Regulations 199939 are amended in accordance with this paragraph.

(2)

In regulation 25 (insolvency proceedings in other jurisdictions), in paragraph (3), after “civil and commercial matters” insert “, 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 matters40”.

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

33.

The Community Legal Service (Financial) Regulations 200041 are amended as follows.

34.

In regulation 3 (financial eligibility), in paragraph (1)(g)(iii), after “civil and commercial matters” insert “, 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 matters42”.

35.

In regulation 5D (waiver of eligibility limit and contributions in cross-border disputes)—

(a)

omit the definition of “Member State”; and

(b)

in paragraph (4), after “civil and commercial matters” insert “, 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 matters43”.

Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 (S.I. 2002/2972 (S.12))

36. (1)

The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 200244 are amended in accordance with this paragraph.

(2)

In regulation 4 (recognition or enforcement of tribunal decisions in another Regulation State), in paragraph (5)(a), after “civil and commercial matters” insert “, 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 matters45”.