Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.
2019 No. 0000
The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
PART 1Introduction
Citation and commencement1
These Regulations may be cited as the Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
Extent2
1
Subject to paragraphs (2) to (4), these Regulations extend to England and Wales and Northern Ireland.
2
Regulation 4(2)(c) extends to England and Wales, Northern Ireland and Scotland.
3
Regulation 5(5) extends to Northern Ireland only.
4
The following provisions extend to England and Wales only—
a
regulation 3;
b
regulation 5(4);
c
regulation 6.
PART 2Amendment of primary legislation
Amendment of the Domicile and Matrimonial Proceedings Act 19733
1
Paragraph 5 of Schedule A1 (power to make provision corresponding to EC Regulation 2201/2003) to the Domicile and Matrimonial Proceedings Act 19732 is amended as follows.
2
In the heading for “EC Regulation 2201/2003” substitute “provision for opposite sex married couples”.
3
In sub-paragraph (1)—
a
in paragraph (a)—
i
in sub-paragraph (i) for “a member state,” substitute “England and Wales, or”;
ii
omit sub-paragraph (ii) and the “or” following it;
iii
in sub-paragraph (iii) for “a part of the United Kingdom or the Republic of Ireland” substitute “England and Wales”;
b
omit paragraph (b) and the “and” preceding it.
4
Omit sub-paragraphs (2) to (4).
Amendment of the Civil Partnership Act 20044
1
The Civil Partnership Act 20043 is amended as follows.
2
In section 219 (power to make provision corresponding to EC Regulation 2201/2003)—
a
in the heading, for “corresponding to EC Regulation 2201/2003” substitute “as to jurisdiction in relation to civil partnerships”;
b
in subsection (1)—
i
in paragraph (a)—
aa
in sub-paragraph (i) for “a member state,” substitute “England and Wales, or”;
bb
omit sub-paragraph (ii) and the “or” following it;
cc
in sub-paragraph (iii) for “a part of the United Kingdom or the Republic of Ireland`” substitute “England and Wales”;
ii
omit paragraph (b) and the “and” preceding it;
c
in subsection (1A)—
i
in paragraph (a) for “in such cases as are mentioned in subsection (1)(a), and” substitute “in cases where a civil partner—
i
is or has been habitually resident in Northern Ireland, or
ii
is domiciled in Northern Ireland.
ii
omit paragraph (b);
d
omit subsections (3) to (5).
3
In section 234 (recognition in the UK of overseas dissolution, annulment or separation)—
a
in subsection (1) omit “Subject to subsection (2),”;
b
omit subsection (2);
c
in subsection (3) for “subsections (1) and (2)” substitute “subsection (1)”.
PART 3Amendment of secondary legislation
Amendment of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 20055
1
The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 20054 are amended as follows.
2
In regulation 2—
a
in paragraph (2) for “Regulations 4 and 11(1) extend” substitute “Regulation 4 extends”;
b
in paragraph (3) for “Regulations 5 and 11(2) extend” substitute “Regulation 5 extends”.
3
In regulation 3 omit paragraph (2).
4
In regulation 4—
a
after “where” insert “on the date of the application”;
b
in sub-paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”;
c
in sub-paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”;
d
at the end of sub-paragraph (d), omit “or”;
e
at the end of sub-paragraph (e), insert “or”;
f
after sub-paragraph (e) insert—
f
both civil partners are domiciled in England and Wales.
5
In regulation 5—
a
after “where” insert “on the date of the application”;
b
in sub-paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”;
c
in sub-paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”;
d
at the end of sub-paragraph (d), omit “or”;
e
at the end of sub-paragraph (e), insert “or”;
f
after sub-paragraph (e) insert—
f
both civil partners are domiciled in Northern Ireland
6
Omit regulations 6 to 12.
Amendment of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 20146
1
The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 20145 are amended as follows.
2
In regulation 2—
a
after “where” insert “on the date of the application”;
b
in paragraphs (a), (b) and (f) for “both spouses”, in each place it occurs, substitute “both parties to the marriage”;
c
in paragraph (b) for “the spouses” substitute “them”;
d
in paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”;
e
in paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”.
3
Omit regulations 3 to 9.
PART 4Transitional provision
Transitional and saving provision7
The amendments made by regulations 5 and 6 do not apply in relation to proceedings before a court in England and Wales or Northern Ireland—
a
issued before exit day pursuant to the jurisdiction provisions of—
i
Part 1 of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005; or
ii
Part 2 of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014;
b
issued before exit day in accordance with the recognition and refusal of recognition provisions of—
i
Part 2 of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005; or
ii
Part 3 of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014.
Signed by authority of the Secretary of State for Justice
(This note is not part of the Regulations)