Search Legislation

Civil Jurisdiction and Judgments Act 1982

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Civil Jurisdiction and Judgments Act 1982. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Civil Jurisdiction and Judgments Act 1982

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Sections 15(4), 23(2) and 36(6).

X1SCHEDULE 12E+W+S+N.I. CONSEQUENTIAL AMENDMENTS

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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.

PART IE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON PART I OF THIS ACT

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)E+W+S+N.I.

1In section 150 of the Army Act 1955 and in section 150 of the Air Force Act 1955 (enforcement of maintenance and other orders by deduction from pay), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

2In section 101 of the Naval Discipline Act 1957 (service of process in maintenance and other proceedings), in subsection (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Maintenance Orders Act 1958 (c. 39)E+W+S+N.I.

3In section 1 of the Maintenance Orders Act 1958 (scope of application of Part I), in subsection (4), for the words from “within the meaning” to “the said Part I” substitute “ which is registered in a magistrates’ court under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

4In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies), in subsections (2) and (5), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Administration of Justice Act 1970 (c. 31)E+W+S+N.I.

5In Schedule 8 to the Administration of Justice Act 1970 (orders which are “maintenance orders” for the purposes of Part II of that Act and Part II of the Maintenance Orders Act 1958), after paragraph 12 insert—E+W+S+N.I.

13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part..

Attachment of Earnings Act 1971 (c. 32)E+W+S+N.I.

6In Schedule 1 to the Attachment of Earnings Act 1971 (orders which are “maintenance orders” for the purposes of that Act), after paragraph 12 insert—E+W+S+N.I.

13A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part..

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

7In section 65 of the Magistrates’ Courts Act 1980 (definition of “domestic proceedings” for the purposes of this Act)—E+W+S+N.I.

(a)in subsection (1), after paragraph (l) insert—

(m)Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders ;;

(b)in subsection (2)(a), after “(k)” insert “ and (m) ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))E+W+S+N.I.

8(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order), in paragraph (a), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or under Part I of the Civil Jurisdiction and Judgments Act 1982 so far as that Part relates to the recognition and enforcement of maintenance orders ”.E+W+S+N.I.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (b) of paragraph (11), after “Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972” insert “ or Part I of the Civil Jurisdiction and Judgments Act 1982 ”.

PART IIE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON SCHEDULE 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)E+W+S+N.I.

1In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—E+W+S+N.I.

(3)This section does not apply—

(a)in the case of an agreement entered in to after the dispute in respect of which the agreement is intended to have effect has arisen ; or

(b)where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982..

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

2In section 15(1)(b) of the Maintenance Orders Act 1950 for the words “for separation and ailment” there shall be substituted the words “ which contains a conclusion for ailment not falling within the scope of paragraph (a)(i) above ”.E+W+S+N.I.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

3(1)In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—E+W+S+N.I.

(1)In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order..

(2)In subsections (3), (4) and (5) of that section for the words “in which the sheriff has jurisdiction by virtue of” there shall be substituted in each place where they occur the words “ referred to in ”.

Consumer Credit Act 1974 (c. 39)E+W+S+N.I.

4In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—E+W+S+N.I.

(3)In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.

(3A)Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

(a)the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);

(b)the court for the place where the debtor or hirer carries on business ; and

(c)where the purposes of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.

(3B)Subsection (3A) shall not apply—

(a)where Rule 3 of Schedule 8 to the Act of 1982 applies; or

(b)where the jurisdiction of another court has been prorogated by an agreement entered in to after the dispute has arisen..

PART IIIE+W+S+N.I. AMENDMENTS CONSEQUENTIAL ON SECTION 36

Maintenance Orders Act 1950 (c.37)E+W+S+N.I.

1(1)The Maintenance Orders Act 1950 is amended as follows.E+W+S+N.I.

(2)In section 18 (enforcement of registered orders), after subsection (3A) insert—

(3B)Notwthstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982..

(3)In section 21(2) (evidence admissible before court where order registered)—

(a)in paragraph (a) after “1958” insert “ or under section 36 of the Civil Jurisdiction and Judgments Act 1982 ” ;

(b)after “that Act” (twice) insert “ of 1958 ”;

(c)after paragraph (b) insert—

(c)registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.

(4)In section 24(3) (notice of cancellation of order to be given to other courts interested), after “Part I of the Maintenance Orders Act 1958” insert “ or section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Maintenance Orders Act 1958 (c. 39)E+W+S+N.I.

2In section 23(2) of the Maintenance Orders Act 1958 (provisions which extend to Scotland and Northern Ireland) after “section 2” insert “ section 2A ”.E+W+S+N.I.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

3(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.E+W+S+N.I.

(2)At the beginning of section 9 (introductory provisions relating to registration in one court of maintenance order made by another) insert “ Without prejudice to section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

(3)In section 10 (orders to which Part II applies), after subsection (1) insert—

(1A)This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982 to maintenance orders made by a court in England and Wales or Scotland and registered in a court in Northern Ireland under Part II of the Maintenance Orders Act 1950..

(4)In section 13 (variation of orders registered in courts of summary jurisdiction), after subsection (7) insert—

(7A)No application for any variation in respect of a registered order shall be made by the High Court of Justice in England or the Court of Session and registered in that court under section 36 of the Civil Jurisdiction and Judgments Act 1982..

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))E+W+S+N.I.

4In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.E+W+S+N.I.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))E+W+S+N.I.

5(1)In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—E+W+S+N.I.

(a)in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

(b)after paragraph (a) insert—

(aa)in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966.

(2)In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

or under section 36 of the Civil Jurisdiction and Judgments Act 1982.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

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 enacted 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