The Civil Jurisdiction and Judgments Regulations 2007

Regulation 5

SCHEDULE U.K. Consequential Amendments

PART 1 U.K. Primary legislation

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

1.—(1) Section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947(1) (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)”.

Commencement Information

I1 Sch. para. 1 in force at 1.7.2007, see reg. 1

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

2.—(1) Section 150 of the Army Act 1955(2) (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);”.

Commencement Information

I2 Sch. para. 2 in force at 1.7.2007, see reg. 1

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

3.—(1) Section 150 of the Air Force Act 1955(3) (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)”.

Commencement Information

I3 Sch. para. 3 in force at 1.7.2007, see reg. 1

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

4.—(1) Section 101 of the Naval Discipline Act 1957(4) (service of proceedings for maintenance, etc) 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)”.

Commencement Information

I4 Sch. para. 4 in force at 1.7.2007, see reg. 1

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

5.—(1) Section 1 of the Maintenance Orders Act 1958(5) (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)”.

Commencement Information

I5 Sch. para. 5 in force at 1.7.2007, see reg. 1

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

6.—(1) Schedule 8 to the Administration of Justice Act 1970(6) (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)”.

Commencement Information

I6 Sch. para. 6 in force at 1.7.2007, see reg. 1

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

7.—(1) Schedule 1 to the Attachment of Earnings Act 1971(7) (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)”.

Commencement Information

I7 Sch. para. 7 in force at 1.7.2007, see reg. 1

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

8.  The Magistrates’ Courts Act 1980(8) is amended as follows.

Commencement Information

I8 Sch. para. 8 in force at 1.7.2007, see reg. 1

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)”.

Commencement Information

I9 Sch. para. 9 in force at 1.7.2007, see reg. 1

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)”.

Commencement Information

I10 Sch. para. 10 in force at 1.7.2007, see reg. 1

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

11.—(1) Section 5 of the Merchant Shipping (Liner Conferences) Act 1982(9) (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)”.

Commencement Information

I11 Sch. para. 11 in force at 1.7.2007, see reg. 1

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

12.  The Matrimonial and Family Proceedings Act 1984(10) is amended as follows.

Commencement Information

I12 Sch. para. 12 in force at 1.7.2007, see reg. 1

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)”.

Commencement Information

I13 Sch. para. 13 in force at 1.7.2007, see reg. 1

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)”.

Commencement Information

I14 Sch. para. 14 in force at 1.7.2007, see reg. 1

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

15.—(1) Section 183 of the Companies Act 1989(11) (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)”.

Commencement Information

I15 Sch. para. 15 in force at 1.7.2007, see reg. 1

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

16.—(1) Section 108 of the Social Security Administration Act 1992(12) (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)”.

Commencement Information

I16 Sch. para. 16 in force at 1.7.2007, see reg. 1

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

17.—(1) Section 103 of the Social Security Administration (Northern Ireland) Act 1992(13) (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) 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)”.

Commencement Information

I17 Sch. para. 17 in force at 1.7.2007, see reg. 1

The Civil Partnership Act 2004 (c.33) U.K.

18.—(1) Part 2 of Schedule 11 to the Civil Partnership Act 2004(14) (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)”.

Commencement Information

I18 Sch. para. 18 in force at 1.7.2007, see reg. 1

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

F1 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. para. 19 revoked (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 5(a)

PART 2 U.K. Secondary legislation

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

20.—(1) The Legal Aid (General) Regulations (Northern Ireland) 1965(15) are amended in accordance with this paragraph.

Commencement Information

I19 Sch. para. 20 in force at 1.7.2007, see reg. 1

21.  In regulation 3B(1) (registration of certain foreign orders and judgments)(16), 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(17)”.

Commencement Information

I20 Sch. para. 21 in force at 1.7.2007, see reg. 1

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

22.  The Magistrates’ Courts (Northern Ireland) Order 1981(18) is amended as follows.

Commencement Information

I21 Sch. para. 22 in force at 1.7.2007, see reg. 1

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 matters(19)”.

Commencement Information

I22 Sch. para. 23 in force at 1.7.2007, see reg. 1

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 matters(20)”.

Commencement Information

I23 Sch. para. 24 in force at 1.7.2007, see reg. 1

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 matters(21)”.

Commencement Information

I24 Sch. para. 25 in force at 1.7.2007, see reg. 1

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

26.—(1) Article 19 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(22) (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 matters(23)”.

Commencement Information

I25 Sch. para. 26 in force at 1.7.2007, see reg. 1

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

27.—(1) The Companies (No.2) (Northern Ireland) Order 1990(24) 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 matters(25)”.

Commencement Information

I26 Sch. para. 27 in force at 1.7.2007, see reg. 1

The Civil Procedure Rules 1998 (SI 1998/3132) U.K.

28.  The Civil Procedure Rules 1998(26) are amended as follows.

Commencement Information

I27 Sch. para. 28 in force at 1.7.2007, see reg. 1

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 matters(27)”; and

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

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

Commencement Information

I28 Sch. para. 29 in force at 1.7.2007, see reg. 1

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 matters(28)”; and

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

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

Commencement Information

I29 Sch. para. 30 in force at 1.7.2007, see reg. 1

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 matters(29)”; and

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

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

Commencement Information

I30 Sch. para. 31 in force at 1.7.2007, see reg. 1

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

32.—(1) The Financial Markets and Insolvency (Settlement Finality) Regulations 1999(30) 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 matters(31)”.

Commencement Information

I31 Sch. para. 32 in force at 1.7.2007, see reg. 1

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

33.  The Community Legal Service (Financial) Regulations 2000(32) are amended as follows.

Commencement Information

I32 Sch. para. 33 in force at 1.7.2007, see reg. 1

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 matters(33)”.

Commencement Information

I33 Sch. para. 34 in force at 1.7.2007, see reg. 1

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 matters(34)”.

Commencement Information

I34 Sch. para. 35 in force at 1.7.2007, see reg. 1

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

36.—(1) The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002(35) 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 matters(36)”.

Commencement Information

I35 Sch. para. 36 in force at 1.7.2007, see reg. 1

(1)

1947 c.24.

(2)

1955 c.18.

(3)

1955 c.19.

(4)

1957 c.53.

(5)

1958 c.39.

(6)

1970 c.31.

(7)

1971 c.32.

(8)

1980 c.43.

(9)

1982 c.37.

(10)

1984 c.42.

(11)

1989 c.40.

(12)

1992 c.5.

(13)

1992 c.8.

(14)

2004 c.33.

(15)

S.R. 1965 No. 217.

(16)

There are relevant amendments in S.R. 1986 No. 346 and S.I. 2001/3929.

(17)

OJ No. L 299 16.11.2005 at p62.

(18)

1981 No. 1675 (N.I. 26).

(19)

OJ No. L 299 16.11.2005 at p62.

(20)

OJ No. L 299 16.11.2005 at p62.

(21)

OJ No. L 299 16.11.2005 at p62.

(22)

1989 No. 677 (N.I. 4).

(23)

OJ No. L 299 16.11.2005 at p62.

(24)

1999 No.1504 (N.I. 10).

(25)

OJ No. L 299 16.11.2005 at p62.

(26)

S.I. 1998/3132. There are relevant amendments in S.I. 2001/4015.

(27)

OJ No. L 299 16.11.2005 at p62.

(28)

OJ No. L 299 16.11.2005 at p62.

(29)

OJ No. L 299 16.11.2005 at p62.

(30)

S.I. 1999/2979.

(31)

OJ No. L 299 16.11.2005 at p62.

(32)

S.I. 2000/516. There are relevant amendments in S.I. 2001/3929 and S.I. 2004/2899.

(33)

OJ No. L 299 16.11.2005 at p62.

(34)

OJ No. L 299 16.11.2005 at p62.

(35)

S.I. 2002/2972.

(36)

OJ No. L 299 16.11.2005 at p62.