2019 No. 1338
X1The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament M2.
Citation and commencement1
These Regulations may be cited as the Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 and come into force immediately before exit day.
Amendment of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 20192
In regulation 26 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 M3, in the new section 15C(2)(c) to be inserted into the Civil Jurisdiction and Judgments Act 1982 M4 (jurisdiction in relation to individual contracts of employment)—
a
after “any one part of the United Kingdom” insert “ or any one overseas country ”;
b
after “employee is” insert “ or was ”.
Amendment of the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 20193
1
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 M5 are amended as follows.
2
In regulation 8 (saving and transitional provisions), in paragraph (1)—
a
in sub-paragraph (a)—
i
after “Member State” insert “ or, as the case may be, a part of the United Kingdom ”;
ii
at the end of paragraph (i), omit “or”;
iii
at the end of paragraph (ii), insert “ or ”;
iv
after paragraph (ii) insert—
iii
the provisions of Schedule 6 (allocation within the United Kingdom of jurisdiction relating to maintenance matters) to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011M6;
b
in sub-paragraph (b), after “4/2009” insert “ or that Article as applied by paragraph 5 of Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”;
c
in sub-paragraph (c)—
i
at the end of paragraph (i), omit “or”;
ii
at the end of paragraph (ii), insert “ or ”; and
iii
after paragraph (ii) insert—
iii
the provisions of Schedule 6 (allocation within the United Kingdom of jurisdiction relating to maintenance matters) to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.
3
In the Schedule—
a
in paragraph 5 (amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972), in sub-paragraph (2)(b), omit the words “for adherence and aliment or”;
b
in paragraph 6 (amendment of the Matrimonial Causes Act 1973), for sub-paragraph (2) substitute—
2
In section 27 (financial provision orders in cases of neglect to maintain), for subsection (2) substitute—
2
The court may not entertain an application under this section unless—
a
the applicant or the respondent is domiciled in England and Wales on the date of the application;
b
the applicant has been habitually resident there throughout the period of one year ending with that date; or
c
the respondent is resident there on that date.
2A
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
2B
In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
c
in paragraph 8 (amendment of the Matrimonial Causes (Northern Ireland) Order 1978), for sub-paragraphs (4)(d) and (e), substitute—
d
for paragraph (5)M7substitute—
5
The court has jurisdiction to entertain an application for financial provision under Article 29 if (and only if)—
a
the applicant or the respondent is domiciled in Northern Ireland on the date of the application;
b
the applicant has been habitually resident there throughout the period of one year ending with that date; or
c
the respondent is resident there on that date.
5A
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
e
in paragraph (7)M8, omit “Subject to Article 19(1) of the Council Regulation,”;
f
for paragraph (8)M9substitute—
8
In this Article “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
d
in paragraph 12 (amendment of the Civil Jurisdiction and Judgments Act 1982), after sub-paragraph (13) insert—
14
In Schedule 8M10(rules as to jurisdiction in Scotland), in paragraph 2, after sub-paragraph (d) insert—
e
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;
e
in paragraph 13 (amendment of the Matrimonial and Family Proceedings Act 1984)—
i
for sub-paragraph (2) substitute—
2
In section 15M11(jurisdiction of the court)—
a
in subsection (1), for “subsections (1A) and (2)” substitute“ subsection (1A) ”;
b
in subsection (1A), for the words from “where” to “the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
c
in subsection (3), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
ii
for sub-paragraph (4) substitute—
4
In section 28M12(circumstances in which a Scottish court may entertain application for financial provision)—
a
in subsection (1), for “subsections (3A) and (4)” substitute“ subsection (3A) ”;
b
in subsection (3A), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
c
for subsection (5) substitute—
5
“The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
f
in paragraph 15 (amendment of the Family Law Act 1986)—
i
in sub-paragraph (3)(d) for the words from “omit” to the end substitute “for “Council Regulation” substitute “ Hague Convention ””;
ii
in sub-paragraph (5)(c), for the words from “omit” to the end substitute “for “Council Regulation” substitute “ Hague Convention ””;
g
in paragraph 17 (amendment of the Children Act 1989), for sub-paragraph (2) substitute—
2
In paragraph 10M13(alteration of maintenance agreements)—
a
in sub-paragraph (2A), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
b
in sub-paragraph (2B), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
h
in paragraph 18 (amendment of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989), for sub-paragraph (2) substitute—
2
In Article 19M14(jurisdiction of the court)—
a
in paragraph (1), for “paragraphs (1A) and (2)” substitute“ paragraph (1A) ”;
b
in paragraph (1A), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
c
in paragraph (3), for the words from “ “The Maintenance Regulation”” to the end substitute“ “The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
i
in paragraph 23 (amendment of the Children (Northern Ireland) Order 1995), for sub-paragraph (2) substitute—
2
In paragraph 12M15(alteration of maintenance agreements)—
a
in sub-paragraph (2A), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
b
in sub-paragraph (2B), for “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
j
in paragraph 25 (amendment of the Civil Partnership Act 2004)—
i
in sub-paragraph (2)—
aa
in paragraph (a), at the end insert “ and at the end insert “This subsection is subject to subsection (3B) M16.” ”;
bb
for paragraphs (b) and (c) substitute—
b
in subsection (3B), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18 ”;
c
in subsection (6), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
ii
in sub-paragraph (3), for paragraph (b) substitute—
b
after sub-paragraph (2) insert—
2A
If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.
c
in sub-paragraph (5)M17, for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
iii
in sub-paragraph (6), for paragraph (a) substitute—
a
in paragraph 7M18(jurisdiction of the court)—
i
in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18 ”;
ii
in sub-paragraph (7), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
iv
in sub-paragraph (7), for paragraphs (a) to (c) substitute—
a
in sub-paragraph (1)M19, for “sub-paragraphs (3A) and (4)” substitute“ sub-paragraph (3A) ”;
b
in sub-paragraph (3A), for the words from “where” to the end substitute“ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
c
in sub-paragraph (5), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.
v
in sub-paragraph (8), for paragraph (a)(ii) substitute—
ii
after sub-paragraph (2) insert—
2A
If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.
iii
in sub-paragraph (5)M20, for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”;
vi
in sub-paragraph (9), for paragraph (a) substitute—
a
in paragraph 7M21—
i
in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute“ to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;
ii
in sub-paragraph (7), for the words from “ “the Maintenance Regulation”” to the end substitute“ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”;
This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument is approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.