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Part VE+W+S+N.I. Supplementary and General Provisions

DomicileE+W+S+N.I.

41 Domicile of individuals.E+W+S+N.I.

(1)Subject to Article 52 (which contains provisions for determining whether a party is domiciled in a Contracting State), the following provisions of this section determine, for the purposes of the 1968 Convention F1. . . and this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a Contracting State.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a Contracting State if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

[F241ADomicile of individuals for the purposes of the Lugano ConventionE+W+S+N.I.

(1)Subject to Article 59 of the Lugano Convention (which contains provisions for determining whether a party is domiciled in a State bound by the Lugano Convention), the following provisions of this section determine, for the purposes of the Lugano Convention, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a State bound by the Lugano Convention.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a State bound by the Lugano Convention if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state.]

Annotations:

Amendments (Textual)

42 Domicile and seat of corporation or association.E+W+S+N.I.

(1)For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where a corporation or association has its seat—

(a)for the purpose of Article 53 (which for the purposes of the 1968 Convention F3. . . equates the domicile of such a body with its seat); and

(b)for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

(3)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(4)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)it has its registered office or some other official address in that part; or

(b)its central management and control is exercised in that part; or

(c)it has a place of business in that part.

(5)A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

(a)it has its registered office or some other official address in that place; or

(b)its central management and control is exercised in that place; or

(c)it has a place of business in that place.

(6)Subject to subsection (7), a corporation or association has its seat in a state other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if it is shown that the courts of that state would not regard it as having its seat there.

(8)In this section—

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

43 Seat of corporation or association for purposes of Article 16(2) and related provisions.E+W+S+N.I.

(1)The following provisions of this section determine where a corporation or association has its seat for the purposes of—

(a)Article 16(2) [F4of the 1968 Convention F5. . . ] (which confers exclusive jurisdiction over proceedings relating to the formation or dissolution of such bodies, or to the decisions of their organs);

(b)[F6rules 4 and 11(b)] in Schedule 4; and

(c)[F7rules 2(l) and 5(1)(b)] in Schedule 8.

(2)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)subject to subsection (5), it was incorporated or formed under the law of that part; or

(b)being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

(4)A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

(a)it has its registered office or some other official address in that place; or

(b)it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

(5)A corporation or association incorporated or formed under—

(a)an enactment forming part of the law of more than one part of the United Kingdom; or

(b)an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

(6)Subject to subsection (7), a corporation or association has its seat in a Contracting State other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if—

(a)it has its seat in the United Kingdom by virtue of subsection (2)(a); or

(b)it is shown that the courts of that other state would not regard it for the purposes of Article 16(2) as having its seat there.

(8)In this section “official address” has the same meaning as in section 42.

[F843ASeat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano ConventionE+W+S+N.I.

(1)The following provisions of this section determine where a company, or other legal person or an association of natural or legal persons, has its seat for the purposes of Article 22(2) of the Lugano Convention (which confers exclusive jurisdiction over proceedings relating to the validity of the constitution, the nullity or the dissolution of such bodies, or to the validity of the decisions of their organs).

(2)A company, legal person or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)Subject to subsection (4), a company, legal person or association has its seat in a State bound by the Lugano Convention other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state; or

(b)its central management and control is exercised in that state.

(4)A company, legal person or association shall not be regarded as having its seat in a State bound by the Lugano Convention other than the United Kingdom if—

(a)it has its seat in the United Kingdom by virtue of subsection (2)(a); or

(b)it is shown that the courts of that other state would not regard it for the purposes of Article 22(2) as having its seat there.]

Annotations:

Amendments (Textual)

44 Persons deemed to be domiciled in the United Kingdom for certain purposes.E+W+S+N.I.

(1)This section applies to—

(a)proceedings within Section 3 of Title II of the 1968 Convention F9. . . (insurance contracts), and

(b)proceedings within Section 4 of [F10Title II of the 1968 Convention] (consumer contracts).

(2)A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the 1968 Convention F11. . . to be domiciled in the United Kingdom by virtue of—

(a)Article 8, second paragraph (insurers); or

(b)Article 13, second paragraph (suppliers of goods, services or credit to consumers),

shall, for the purposes of those proceedings, be treated for the purposes of this Act as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.

[F1244APersons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano ConventionE+W+S+N.I.

(1)This section applies to—

(a)proceedings within Section 3 of Title II of the Lugano Convention (insurance contracts);

(b)proceedings within Section 4 of Title II of the Lugano Convention (consumer contracts); and

(c)proceedings within Section 5 of Title II of the Lugano Convention (employment contracts).

(2)A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the Lugano Convention to be domiciled in the United Kingdom by virtue of —

(a)Article 9(2) (insurers); or

(b)Article 15(2) (suppliers of goods, services or credit to consumers); or

(c)Article 18(2) (employers),

shall, for the purposes of those proceedings, be treated as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.]

Annotations:

Amendments (Textual)

45 Domicile of trusts.E+W+S+N.I.

(1)The following provisions of this section determine, for the purposes of the 1968 Convention [F13the Lugano Convention] and this Act, where a trust is domiciled.

(2)A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

(3)A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

Annotations:

Amendments (Textual)

46 Domicile and seat of the Crown.E+W+S+N.I.

(1)For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where the Crown has its seat—

(a)for the purposes of the 1968 Convention [F14in which] Article 53 equates the domicile of a legal person with its seat); and

(b)for the purposes of this Act.

(3)Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

(a)the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;

[F15(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland;] and

(b)the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

(4)Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of the 1968 Convention F16. . . and this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

(5)An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

(6)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom [F17, the Scottish Administration] or Her Majesty’s government in Northern Ireland.

Other supplementary provisionsE+W+S+N.I.

47 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.E+W+S+N.I.

(1)Her Majesty may by Order in Council—

(a)make such provision as Her Majesty considers appropriate for the purpose of bringing the law of any part of the United Kingdom into accord with the [F18Brussels Conventions] as affected by any principle laid down by the European Court in connection with the [F18Brussels Conventions] or by any decision of that court as to the meaning or effect of any provision of the [F18Brussels Conventions]; or

(b)make such modifications of Schedule 4 or Schedule 8, or of any other statutory provision affected by any provision of either of those Schedules, as Her Majesty considers appropriate in view of any principle laid down by the European Court in connection with Title II of the 1968 Convention or of any decision of that court as to the meaning or effect of any provision of that Title.

(2)The provision which may be made by virtue of paragraph (a) of subsection (1) includes such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate for the purpose mentioned in that paragraph.

(3)The modifications which may be made by virtue of paragraph (b) of subsection (1) include modifications designed to produce divergence between any provision of Schedule 4 or Schedule 8 and a corresponding provision of Title II of the 1968 Convention as affected by any such principle or decision as is mentioned in that paragraph.

(4)An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Amendments (Textual)

48 Matters for which rules of court may provide.E+W+S+N.I.

(1)Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act [F19the Lugano Convention or the Brussels Conventions][F20or the Regulation][F21or the Maintenance Regulation].

(2)Rules of court may make provision as to the manner in which and the conditions subject to which a [F22 certificate or judgment—

(a)which has been registered in any court under any provision of this Act or the Regulation,

(b)which is enforceable in the United Kingdom by virtue of Section 1 of Chapter IV of the Maintenance Regulation, or

(c)which has been registered for the purposes of Section 2 of that Chapter,

may be enforced,] including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

(3)Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for magistrates’ courts, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of [F23the Lugano Convention, the Brussels Conventions][F24, the Regulation][F25, the Maintenance Regulation] and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

(a)authorising the service in another Contracting State [F26, Regulation State or Maintenance Regulation State] of process issued by or for the purposes of a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another Contracting State [F26, Regulation State or Maintenance Regulation State];

(b)requesting courts in other parts of the United Kingdom or in other Contracting States [F27, Regulation States or Maintenance Regulation States] to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

(c)the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

(d)the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

(e)the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State [F28, Regulation State or Maintenance Regulation State], or by a judge or official of such a court, which purport—

(i)to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

(ii)to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

(iii)to record information relating to the payments made under an order of that court;

(f)the circumstances and manner in which a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

(g)the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States [F29, Regulation States or Maintenance Regulation States] are to be informed of orders made, or other things done, by or for the purposes of a magistrates’ court;

(h)the circumstances and manner in which a magistrates’ court may communicate for other purposes with such courts;

(i)the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

(4)Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

Annotations:

Amendments (Textual)

F20Words in s. 48(1) added (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(a)

F24Words in s. 48(3) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(c)(i)

Modifications etc. (not altering text)

C3S. 48 applied (1.4.1993) by S.I. 1993/604, art. 8.

S. 48 applied (with modifications) (1.3.2002) by S.I. 2001/3928, art. 4

49 Saving for powers to stay, sist, strike out or dismiss proceedings.E+W+S+N.I.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention [F30or, as the case may be, the Lugano Convention].

Annotations:

Amendments (Textual)

GeneralE+W+S+N.I.

50 Interpretation: general.E+W+S+N.I.

In this Act, unless the context otherwise requires—

Annotations:

Amendments (Textual)

F31Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9

F35S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)

F36S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)

F37S. 50: definitions of "the Maintenance Regulation" and "Maintenance Regulation State" inserted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 6

F38S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

F39S. 50: definition of "Regulation State" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

F40S. 50: definition of "State bound by the Lugano Convention" inserted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(b) (with reg. 48)

Marginal Citations

51 Application to Crown.E+W+S+N.I.

(1)This Act binds the Court.

(2)In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.E+W+S+N.I.

(1)This Act extends to Northern Ireland.

(2)Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F41(c)any colony.]

Annotations:

Amendments (Textual)

F41S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10

53 Commencement, transitional provisions and savings.E+W+S+N.I.

(1)This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

(2)The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

Annotations:

Subordinate Legislation Made

P1Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044

X154 Repeals.E+W+S+N.I.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title.E+W+S+N.I.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.