The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005

Amendment of the Family Law Act 1986

4.—(1) The Family Law Act 1986(1) is amended in accordance with the following paragraphs of this regulation.

(2) In section 14–

(a) the word “or” immediately following paragraph (a) of subsection (2) is repealed;

(b) after paragraph (b) of that subsection insert–

“or

(c) that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),”; and

(c) at the end of subsection (2) add–

• “or (as the case may be) exercise its powers under Article 15 of the Council Regulation”.

(3) After section 17 add–

“17A.  The provisions of this Chapter are subject to Sections 2 and 3 of Chapter II of the Council Regulation.”.

(4) In section 26(2)(2) for “Articles 14 to 20” substitute “Articles 21 to 27, 41(1) and 42(1)”.

(5) In section 42(1)(3) for the definition of “the Council Regulation” substitute–

““the Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;”.

(6) In Section 45(2)(4) for “Articles 14 to 20” substitute “Articles 21 to 27, 41(1) and 42(1)”.

(7) In section 54(1)(5) for the definition of the Council Regulation substitute–

““the Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;”.

(1)

1986 c. 55.

(2)

section 26 was amended by S.S.I. 2001/36.

(3)

section 42(1) was amended by the Children (Scotland) Act 1995, Schedule 4, paragraph 41(9)(a) and by S.S.I. 2001/36.

(4)

section 45(2) was inserted by S.S.I. 2001/36.

(5)

section 54(1) was amended by S.S.I. 2001/36.