http://www.legislation.gov.uk/id/uksi/2019/519

http://www.legislation.gov.uk/uksi/2019/519/body/made

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

King's Printer of Acts of Parliament

2019-06-13

EXITING THE EUROPEAN UNION

FAMILY LAW

JUDGMENTS

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union.

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(a)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(a)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(a)(i)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(a)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(a)(ii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(a)(iii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(a)(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(a)(iv)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(b)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(b)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(c)(i)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(c)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(c)(ii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(c)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

reg. 8(1)(c)(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(2)(c)(iii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 5(2)(b)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(a)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 6(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(b)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 8(4)(d)-(f)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(c)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 12(14)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(d)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para 13(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 13(4)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(e)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 15(3)(d)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(f)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 15(5)(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(f)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 17(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(g)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 18(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(h)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 23(2)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(i)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(2)(a)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(i)(aa)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(2)(b)

(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(i)(bb)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(3)(b)

(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(ii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(6)(a)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(iii)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(7)(a)-(c)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(iv)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(8)(a)(ii)

(iii)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(v)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Sch.

para. 25(9)(a)

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

reg. 3(3)(j)(vi)

reg. 1

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

Part 1Introduction

Citation, commencement and extent1

1

These Regulations may be cited as the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

2

Subject to paragraphs (3) and (4) these Regulations extend to the United Kingdom.

3

The following provisions do not extend to Scotland—

a

regulation 3;

b

paragraph 15(6) to (8) of the Schedule.

4

Subject to paragraph (3), any revocation or amendment made by these Regulations, and any saving or transitional provision in these Regulations, has the same extent as the provision to which it relates.

Interpretation2

In these Regulations—

“Council Regulation No. 2201/2003” means Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No. 1347/2000;
“Council Regulation No. 4/2009” means Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
“the relevant Central Authority” means—
1. i
  for England and Wales, the Lord Chancellor;
2. ii
  for Scotland, the Scottish Ministers;
3. iii
  for Northern Ireland, the Department of Justice;
“the relevant competent authority” means—
1. i
  for England and Wales, the family court or the High Court, as specified under the law of England and Wales;
2. ii
  for Scotland, the sheriff court or the Court of Session, as specified under the law of Scotland;
3. iii
  for Northern Ireland, a magistrates’ court or the High Court, as specified under the law of Northern Ireland.

Part 2Revocation of retained direct EU legislation

Revocation of Council Regulation No. 2201/20033

Council Regulation No. 2201/2003 is revoked.

Revocation of Council Regulation No. 4/20094

Council Regulation No. 4/2009 is revoked.

Revocation of Council Regulation No 2116/20045

Council Regulation (EC) No 2116/2004 amending Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the Holy See is revoked.

Revocation of Council Regulation No. 664/20096

Council Regulation (EC) No 664/2009 of 7 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations is revoked.

Part 3Amendment of primary and secondary legislation

Amendment of primary and secondary legislation7

The Schedule, which sets out amendments of primary and secondary legislation, has effect.

Part 4Saving and transitional provisions

Saving and transitional provisions8

1

The amendments and revocations made by these Regulations do not apply in relation to—

a

proceedings before a court in a Member State seised before exit day in reliance upon—

i

the provisions of Chapter II (jurisdiction) of Council Regulation No. 2201/2003, or

ii

the provisions of Chapter II (jurisdiction) of Council Regulation No. 4/2009;

b

proceedings before a court seised in reliance upon a choice of court agreement, whether made before or after exit day, in accordance with Article 4 of Council Regulation No. 4/2009;

c

payments of maintenance which fall due before exit day or applications, requests for assistance or specific measures, where the application or request is received by the relevant Central Authority or where the relevant competent authority is seised before exit day, in accordance with—

i

Chapter III (recognition and enforcement) or Chapter IV (cooperation between Central Authorities in matters of parental responsibility) of Council Regulation No. 2201/2003, or

ii

Chapter IV (recognition and enforcement), Chapter VI (court settlements and authentic instruments), Chapter VII (cooperation between Central Authorities) or Chapter VIII (public bodies) of Council Regulation (EC) No. 4/2009.

2

For the purposes of this regulation, a court is seised—

a

at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps the applicant was required to take to have service effected on the respondent; or

b

if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps the applicant was required to take to have the document lodged with the court.

3

For the purposes of paragraph (1), references to “Member State” in Council Regulation No. 2201/2003 and Council Regulation No. 4/2009 and any implementing legislation are to be read as including the United Kingdom.

Lucy FrazerParliamentary Under Secretary of StateMinistry of Justice6th March 2019