Search Legislation

The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved)

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 3

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the The Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019 (expired—not approved), Section 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

[X1Amendment of the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019U.K.

This section has no associated Explanatory Memorandum

3.(1) The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 M1 are amended as follows.

(2) In regulation 8 (saving and transitional provisions), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)after “Member State” insert “ or, as the case may be, a part of the United Kingdom ”;

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

(iii)at the end of paragraph (ii), insert “ or ”;

(iv)after paragraph (ii) insert—

(iii)the provisions of Schedule 6 (allocation within the United Kingdom of jurisdiction relating to maintenance matters) to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 M2;;

(b)in sub-paragraph (b), after “4/2009” insert “ or that Article as applied by paragraph 5 of Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”;

(c)in sub-paragraph (c)—

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

(ii)at the end of paragraph (ii), insert “ or ”; and

(iii)after paragraph (ii) insert—

(iii)the provisions of Schedule 6 (allocation within the United Kingdom of jurisdiction relating to maintenance matters) to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..

(3) In the Schedule—

(a)in paragraph 5 (amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972), in sub-paragraph (2)(b), omit the words “for adherence and aliment or”;

(b)in paragraph 6 (amendment of the Matrimonial Causes Act 1973), for sub-paragraph (2) substitute—

(2) In section 27 (financial provision orders in cases of neglect to maintain), for subsection (2) substitute—

(2) The court may not entertain an application under this section unless—

(a)the applicant or the respondent is domiciled in England and Wales on the date of the application;

(b)the applicant has been habitually resident there throughout the period of one year ending with that date; or

(c)the respondent is resident there on that date.

(2A) If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.

(2B) In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague..;

(c)in paragraph 8 (amendment of the Matrimonial Causes (Northern Ireland) Order 1978), for sub-paragraphs (4)(d) and (e), substitute—

(d)for paragraph (5) M3 substitute—

(5) The court has jurisdiction to entertain an application for financial provision under Article 29 if (and only if)—

(a)the applicant or the respondent is domiciled in Northern Ireland on the date of the application;

(b)the applicant has been habitually resident there throughout the period of one year ending with that date; or

(c)the respondent is resident there on that date.

(5A) If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.;

(e)in paragraph (7) M4, omit “Subject to Article 19(1) of the Council Regulation,”;

(f)for paragraph (8) M5 substitute—

(8) In this Article “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.;

(d)in paragraph 12 (amendment of the Civil Jurisdiction and Judgments Act 1982), after sub-paragraph (13) insert—

(14) In Schedule 8 M6 (rules as to jurisdiction in Scotland), in paragraph 2, after sub-paragraph (d) insert—

(e)in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;.;

(e)in paragraph 13 (amendment of the Matrimonial and Family Proceedings Act 1984)—

(i)for sub-paragraph (2) substitute—

(2) In section 15 M7 (jurisdiction of the court)—

(a)in subsection (1), for “subsections (1A) and (2)” substitute “ subsection (1A) ”;

(b)in subsection (1A), for the words from “where” to “the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(c)in subsection (3), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(ii)for sub-paragraph (4) substitute—

(4) In section 28 M8 (circumstances in which a Scottish court may entertain application for financial provision)—

(a)in subsection (1), for “subsections (3A) and (4)” substitute “ subsection (3A) ”;

(b)in subsection (3A), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(c)for subsection (5) substitute—

(5) The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.;

(f)in paragraph 15 (amendment of the Family Law Act 1986)—

(i)in sub-paragraph (3)(d) for the words from “omit” to the end substitute “for “Council Regulation” substitute “ Hague Convention ””;

(ii)in sub-paragraph (5)(c), for the words from “omit” to the end substitute “for “Council Regulation” substitute “ Hague Convention ””;

(g)in paragraph 17 (amendment of the Children Act 1989), for sub-paragraph (2) substitute—

(2) In paragraph 10 M9 (alteration of maintenance agreements)—

(a)in sub-paragraph (2A), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(b)in sub-paragraph (2B), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(h)in paragraph 18 (amendment of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989), for sub-paragraph (2) substitute—

(2) In Article 19 M10 (jurisdiction of the court)—

(a)in paragraph (1), for “paragraphs (1A) and (2)” substitute “ paragraph (1A) ”;

(b)in paragraph (1A), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(c)in paragraph (3), for the words from “ “The Maintenance Regulation”” to the end substitute “ “The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(i)in paragraph 23 (amendment of the Children (Northern Ireland) Order 1995), for sub-paragraph (2) substitute—

(2) In paragraph 12 M11 (alteration of maintenance agreements)—

(a)in sub-paragraph (2A), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(b)in sub-paragraph (2B), for “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(j)in paragraph 25 (amendment of the Civil Partnership Act 2004)—

(i)in sub-paragraph (2)—

(aa)in paragraph (a), at the end insert “ and at the end insert “This subsection is subject to subsection (3B) M12.” ”;

(bb)for paragraphs (b) and (c) substitute—

(b)in subsection (3B), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18 ”;

(c)in subsection (6), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(ii)in sub-paragraph (3), for paragraph (b) substitute—

(b)after sub-paragraph (2) insert—

(2A) If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.;

(c)in sub-paragraph (5) M13, for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(iii)in sub-paragraph (6), for paragraph (a) substitute—

(a)in paragraph 7 M14 (jurisdiction of the court)—

(i)in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18 ”;

(ii)in sub-paragraph (7), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(iv)in sub-paragraph (7), for paragraphs (a) to (c) substitute—

(a)in sub-paragraph (1) M15, for “sub-paragraphs (3A) and (4)” substitute “ sub-paragraph (3A) ”;

(b)in sub-paragraph (3A), for the words from “where” to the end substitute “ in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(c)in sub-paragraph (5), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”.;

(v)in sub-paragraph (8), for paragraph (a)(ii) substitute—

(ii)after sub-paragraph (2) insert—

(2A) If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.;

(iii)in sub-paragraph (5) M16, for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”;;

(vi)in sub-paragraph (9), for paragraph (a) substitute—

(a)in paragraph 7 M17

(i)in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute “ to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 ”;

(ii)in sub-paragraph (7), for the words from “ “the Maintenance Regulation”” to the end substitute “ “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague ”;.]

Editorial Information

X1This statutory instrument was made under a procedure whereby it ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless, during that period, the instrument is approved by a resolution of each House of Parliament. It was not approved by Parliament within that period and so has ceased to have effect.

Marginal Citations

M2S.I. 2011/1484, amended by Crime and Courts Act 2013 (c. 22), Schedule 10, paragraph 99 and Schedule 11, paragraph 210; and by S.I. 2012/2814, 2014/879, 2015/1489 and 2019/519 and S.R. 2016/317.

M3S.I. 1978/1045 N.I. 15). Paragraph (5) of Article 49 was substituted by S.I. 2011/1484.

M4Paragraph (7) was amended by S.I. 2005/265.

M5Paragraph (8) was inserted by S.I. 2001/660, and amended by S.I. 2005/265.

M61982 c. 27. Sub-paragraph (e) of paragraph 2 was repealed by S.I. 2011/1484.

M71984 c. 42. Subsection (1) was amended, and subsections (1A) and (3) inserted, by S.I. 2011/1484.

M8Subsection (1) was amended, and subsections (3A) and (5) inserted, by S.I. 2011/1484.

M91989 c. 41. Paragraphs (2A) and (2B) were inserted by S.I. 2011/1484.

M10S.I. 1984/677 (N.I. 4). Paragraph (1) of Article 19 was amended, and paragraphs (1A) and (3) of that Article inserted, by S.I. 2011/1484.

M11S.I. 1995/755 (N.I. 2). Sub-paragraphs (2A) and (2B) of paragraph 12 of Schedule 1 were inserted by S.I. 2011/1484.

M122004 c. 33. Subsection (3) of section 227 was amended by S.I. 2011/1484 and by S.S.I. 2019/104. Subsections (3A), (3B) and (6) were inserted by S.I. 2011/1484, and subsection (3A) repealed by S.S.I. 2019/104.

M13Sub-paragraph (5) of paragraph 39 of Schedule 5 was inserted by S.I. 2011/1484.

M14Sub-paragraphs (6) and (7) of paragraph 7 of Schedule 7 were inserted (and sub-paragraph (1) amended in consequence) by S.I. 2011/1484.

M15Sub-paragraphs (3A) and (5) of paragraph 2 of Schedule 11 were inserted, and sub-paragraph (1) amended, by S.I. 2011/1484.

M16Sub-paragraph (5) of paragraph 34 of Schedule 15 was inserted by S.I. 2011/1484.

M17Sub-paragraphs (6) and (7) of paragraph 7 of Schedule 17 were inserted (and sub-paragraph (1) amended in consequence) by S.I. 2011/1484.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources