Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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(a)the word “or” immediately following paragraph (a) of subsection (2) is repealed;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

(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.

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

Opening Options

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

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

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