The Civil Jurisdiction and Judgments (Amendment) Regulations 2014

Regulation 5

SCHEDULE 4 U.K. Consequential amendments to other enactments

The Merchant Shipping (Liner Conferences) Act 1982 (c. 37) U.K.

1.  In section 5 of the Merchant Shipping (Liner Conferences) Act 1982 (liability of members of conference to be in proportion to their responsibility)(1), in subsection (6), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

Commencement Information

I1 Sch. 4 para. 1 in force at 10.1.2015, see reg. 1(1)

The Companies Act 1989 (c. 40) U.K.

2.  In section 183 of the Companies Act 1989 (insolvency proceedings in other jurisdictions)(2), in subsection (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

Commencement Information

I2 Sch. 4 para. 2 in force at 10.1.2015, see reg. 1(1)

The Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (NI 10)) U.K.

3.  In Article 104 of the Companies (No. 2) (Northern Ireland) Order 1990 (insolvency proceedings in other jurisdictions)(3), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.

Commencement Information

I3 Sch. 4 para. 3 in force at 10.1.2015, see reg. 1(1)

The High Court and County Courts Jurisdiction Order 1991 (S.I. No. 1991/724) U.K.

4.  After article 6F of the High Court and County Courts Jurisdiction Order 1991(4), insert—

“6G.— (1) In this article—

(a) “the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);

(b) “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.

(2) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made to the High Court.”

Commencement Information

I4 Sch. 4 para. 4 in force at 10.1.2015, see reg. 1(1)

The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979) U.K.

5.  In regulation 25 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (insolvency proceedings in other jurisdictions)(5), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

Commencement Information

I5 Sch. 4 para. 5 in force at 10.1.2015, see reg. 1(1)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) U.K.

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 6 revoked (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 5(e)

The Defamation Act 2013 (c. 26) U.K.

7.  In section 9(5) of the Defamation Act 2013, in the definition of “the Brussels Regulation”, for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.

Commencement Information

I6 Sch. 4 para. 7 in force at 10.1.2015, see reg. 1(1)

(1)

Subsection (6) of section 5 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 17, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 11.

(2)

Subsection (3) of section 183 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 21, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 15.

(3)

Paragraph (3) of article 104 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 23, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 27(2).

(4)

Article 6F was inserted by S.I. 2014/821, article 2(1) and (8).

(5)

Paragraph (3) of regulation 25 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 27, and by S.I. 2007/1655, regulation 5, Schedule, Part 2, paragraph 32.