Transitional and saving provision – Part 74 E+W

26.—(1) Where—

(a) a judgment—

(i) was given before [F1 IP completion day] by a court of a Contracting State or Regulation State; or

(ii) was given after [F1 IP completion day] by such a court in proceedings commenced before that court before [F1 IP completion day];

(b) an authentic instrument was before [F1 IP completion day] formally drawn up or registered as an authentic instrument in a Contracting State or Regulation State; or

(c) a court settlement was before [F1 IP completion day] approved by or concluded before a court of a Contracting State or Regulation State,

Part 74 applies to proceedings concerning recognition and enforcement of that judgment, authentic instrument or court settlement on and after [F1 IP completion day] as if the changes made by these Regulations had not been made.

(2) In this regulation, “Contracting State” and “Regulation State” have the meanings given by rule 74.2 (as that rule was in force immediately before [F1 IP completion day]).

[F2 (3) In relation to any case where paragraph 2(a) of Article 67 of the withdrawal agreement applies, Section II of Part 74 applies on and after IP completion day for the purposes of an application for a certified copy of a judgment as if the changes made by these Regulations had not been made.

(4) In a case to which regulation 1A of the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 applies, Section VI of Part 74 applies on and after IP completion day for the purpose of the certificate which was issued before IP completion day as if the changes made by these Regulations had not been made.]

Textual Amendments

F1 Words in reg. 26 substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 9(2)(i)

F2 Reg. 26(3)(4) inserted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 9(4)

Commencement Information

I1 Reg. 26 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)