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

Amendment of Part 34E+W

This section has no associated Explanatory Memorandum

19.—(1) Part 34 (reciprocal enforcement of maintenance orders) M1 is amended as follows.

(2) In rule 34.1—

(a)in paragraph (2), omit the definitions of—

(i)“the 1982 Act”;

(ii)“the 1988 Convention”;

(iii)“the Judgments Regulation”; and

(iv)“the Lugano Convention”; and

(b)in paragraph (5), omit sub-paragraphs (a) to (d).

(3) In rule 34.2—

(a)in paragraph (2), omit “and section 5(2) of the 1982 Act”; and

(b)in paragraph (3), omit “Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance order or under”.

(4) In rule 34.3, omit “the Maintenance Regulation or”.

(5) In the heading to Chapter 3 of the Part, for the words after “UNDER” substitute “ THE 2007 HAGUE CONVENTION ”.

(6) In rule 34.28A—

(a)in paragraph (1)—

(i)omit sub-paragraph (a)(i); and

(ii)omit sub-paragraph (c); and

(b)omit paragraph (2).

(7) In the heading to Section 1 of Chapter 3 of the Part, for the words after “made in” substitute “ a State bound by the 2007 Hague Convention ”.

(8) Omit rule 34.29.

(9) In rule 34.30—

(a)in paragraph (2)—

(i)omit sub-paragraphs (a) to (d); and

(ii)in sub-paragraph (e), omit “other than a Member State of the European Union”; and

(b)in paragraph (6), omit sub-paragraphs (a) and (b).

(10) In rule 34.31, in paragraph (1), omit sub-paragraphs (a) to (d).

(11) In rule 34.32, in paragraph (1), for the words after “accordance with” up to and including “registration” substitute “ Article 23 of the 2007 Hague Convention ”.

(12) In rule 34.34—

(a)in paragraph (1), for the words after “competent court in” to the end substitute “ a State bound by the 2007 Hague Convention ”; and

(b)omit paragraph (3).

(13) In rule 34.36A—

(a)in paragraph (a), omit sub-paragraphs (i) to (iv);

(b)in paragraph (b), omit sub-paragraphs (i) to (iv); and

(c)in paragraph (c), omit sub-paragraphs (i) to (iv).

(14) In rule 34.36B—

(a)in paragraph (1), omit “Article 58 of the Maintenance Regulation, or”;

(b)in paragraph (2), omit “Article 56 of the Maintenance Regulation or”; and

(c)in the words in parentheses at the end of the rule, omit “and the Maintenance Regulation”.

(15) Omit rule 34.36C.

(16) In the heading to Section 2 of Chapter 3 of the Part, omit “or a Member State of the European Union”.

(17) In rule 34.38—

(a)in paragraph (1), for the words after “the UK” up to and including “Lugano Convention, or by” substitute “ or another Contracting State to ”;

(b)in paragraph (2)(c), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;

(c)in paragraph (3), omit “the 1982 Act, the Judgments Regulation, the Maintenance Regulation or”;

(d)for paragraph (7) substitute—

(7) Any request by the family court for the taking or providing of evidence by a court in a State bound by the 2007 Hague Convention for the purposes of proceedings to which that Convention applies, or by a court in another part of the United Kingdom, shall be communicated in writing to the court in question.; and

(e)omit paragraph (8) and the words in parentheses following it.

(18) In rule 34.39—

(a)for paragraph (1), substitute—

(1) A person who wishes to enforce a maintenance order obtained in the family court in a State bound by the 2007 Hague Convention must apply for a certified copy of the order and, where required by Practice Direction 34A, a certificate giving particulars relating to the judgment and proceedings in which it was given.;

(b)omit paragraph (2); and

(c)in paragraph (5)—

(i)omit sub-paragraphs (b)(i) to (iv); and

(ii)in sub-paragraph (b)(vi), omit “(other than a Member State of the European Union)”.

(19) In rule 34.40—

(a)in paragraph (1), omit—

(i)“and the Maintenance Regulation”;

(ii)“a Member State of the European Union or”; and

(iii)“(other than a Member State of the European Union)”; and

(b)in paragraph (2), omit sub-paragraph (a).

Commencement Information

I1Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1Relevant amendments were made to Part 34 by S.I. 2011/1328, S.I. 2012/679 and S.I. 2012/2806.