The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

Amendment of Part 31

18.—(1) Part 31 (registration of orders under the Council Regulation, the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 and under the Hague Convention 1996)(1) is amended as follows.

(2) In the title to the Part, omit “THE COUNCIL REGULATION, THE CIVIL PARTNERSHIP (JURISDICTION AND RECOGNITION OF JUDGMENTS REGULATIONS 2005, THE MARRIAGE (SAME SEX COUPLES) (JURISDICTION AND RECOGNITION OF JUDGMENTS) REGULATIONS 2014 AND UNDER”.

(3) In rule 31.1, omit paragraphs (a), (c) and (d).

(4) In rule 31.2, in paragraph (1)—

(a) in sub-paragraph (a), omit paragraphs (i), (ii) and (iv) and the “or” preceding paragraph (iv);

(b) omit sub-paragraphs (b), (ba) and (c);

(c) in sub-paragraph (d), omit “, other than a Member State within the meaning of (c) above,”; and

(d) omit sub-paragraph (e)(i).

(5) In rule 31.3—

(a) in paragraph (1), omit “, or under rule 31.20 for rectification of a certificate issued under Articles 41 or 42,”;

(b) omit paragraph (2); and

(c) in paragraph (3), omit “the Jurisdiction and Recognition of Judgments Regulations or the 2014 Regulations”.

(6) In rule 31.4, in paragraph (2), for “Except for an application under rule 31.7, an” substitute “An”.

(7) In rule 31.5—

(a) for “Except as regards a copy of a judgment required by Article 37(1)(a) of the Council Regulation, where” substitute “Where”; and

(b) omit paragraph (2).

(8) In rule 31.6, in paragraph (1), omit “(subject to the requirements of the Council Regulation)”.

(9) Omit rule 31.7.

(10) In rule 31.8—

(a) in paragraph (1), omit—

(i) “Member State, or a”; and

(ii) “, except where rule 31.7 applies”;

(b) in paragraph (3), in sub-paragraph (b)—

(i) at the end of paragraph (i), omit “or”; and

(ii) omit paragraph (ii);

(c) in paragraph (4), for the words from “In cases” to “apply, the”, substitute “The”;

(d) omit paragraph (6);

(e) in paragraph (7), for the words from “If” to “not, the”, substitute “The”; and

(f) omit paragraph (8).

(11) In rule 31.9, omit “Member State or”.

(12) In rule 31.11, in paragraph (4), omit—

(a) “Article 28(2) of the Council Regulation or under”; and

(b) “, as the case may be”.

(13) In rule 31.12, omit—

(a) “Article 21(3) of the Council Regulation,”; and

(b) “regulation 7 of the Jurisdiction and Recognition of Judgments Regulations or regulation 5 of the 2014 Regulations (as the case may be)”.

(14) In rule 31.14, in paragraph (3), omit—

(a) “Article 21(3) of the Council Regulation,”; and

(b) “, regulation 7 of the Jurisdiction and Recognition of Judgments Regulations or regulation 5 of the 2014 Regulations (as the case may be)”.

(15) In rule 31.15—

(a) in paragraph (1)(b), omit “Member State, or a”;

(b) omit paragraph (2); and

(c) in paragraph (3), omit the words from “, in a case” to “does not”.

(16) In rule 31.16, in paragraph (1)(a), omit “Member State or”.

(17) In rule 31.17, in the words in parentheses at the end of the rule, omit “, including service in accordance with the Service Regulation,”.

(18) In rule 31.18, in paragraph (1), omit “, or for a certificate under Articles 39, 41 or 42 of the Council Regulation,”.

(19) Omit rules 31.19, 31.20 and 31.21.

(20) In rule 31.22, omit “Article 20 of the Council Regulation or”.

(1)

Relevant amendments were made to Part 31 by S.I. 2014/524.