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Civil Jurisdiction and Judgments Act 1982

Status:

This is the original version (as it was originally enacted).

50Interpretation: general

In this Act, unless the context otherwise requires—

  • " the Accession Convention " has the meaning given by section 1(1);

  • " Article" and references to sub-divisions of numbered Articles are to be construed in accordance with section 1(2)(b);

  • " association " means an unincorporated body of persons ;

  • " Contracting State" has the meaning given by section 1(3);

  • " the 1968 Convention " has the meaning given by section 1(1), and references to that Convention and to provisions of it are to be construed in accordance with section 1(2) (a);

  • " the Conventions " has the meaning given by section 1(1);

  • " corporation" means a body corporate, and includes a partnership subsisting under the law of Scotland ;

  • " court", without more, includes a tribunal;

  • " court of law ", in relation to the United Kingdom, means any of the following courts, namely—

    (a)

    the House of Lords,

    (b)

    in England and Wales or Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates' court,

    (c)

    in Scotland, the Court of Session and a sheriff court;

  • " the Crown " is to be construed in accordance with section 51(2);

  • " enactment" includes an enactment comprised in Northern Ireland legislation;

  • "judgment", subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7, means any judgment or order (by whatever name called) given or made by a court in any civil proceedings ;

  • " magistrates' court", in relation to Northern Ireland, means a court of summary jurisdiction ;

  • " modifications " includes additions, omissions and alterations ;

  • " overseas country " means any country or territory outside the United Kingdom;

  • " part of the United Kingdom " means England and Wales, Scotland or Northern Ireland;

  • " the 1971 Protocol " has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2) (a);

  • "rules of court", in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes—

    (a)

    in Scotland, Acts of Sederunt;

    (b)

    in Northern Ireland, Judgment Enforcement Rules;

  • " statutory provision " means any provision contained in an Act, or in any Northern Ireland legislation, or in—

    (a)

    subordinate legislation (as defined in section 21(1) of the Interpretation Act 1978); or

    (b)

    any instrument of a legislative character made under any Northern Ireland legislation;

  • " tribunal "—

    (a)

    means a tribunal of any description other than a court of law ;

    (b)

    in relation to an overseas country, includes, as regards matters relating to maintenance within the meaning of the 1968 Convention, any authority having power to give, enforce, vary or revoke a maintenance order.

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