Section 219: Power to make provision corresponding to EC Regulation 2201/2003
428.Subsections (1) and (2) provide powers for the Lord Chancellor or Scottish Ministers to make regulations concerning:
the jurisdiction of the courts in England and Wales, Scotland or Northern Ireland in relation to the dissolution or annulment of civil partnerships or the legal separation of civil partners, where one of them is a resident or national of a member State or is domiciled in a part of the United Kingdom or the Republic of Ireland; and
the recognition and enforcement of equivalent judgments from other member States.
429.Subsection (3) provides that the regulations may, in particular, make provision corresponding to the rules for dissolution, annulment or legal separation in matrimonial matters set out in EC Regulation 2201/2003. This Regulation will come into effect on 1 March 2005.
430.Subsection (4) allows the regulations to define “member State” for the purposes of this Part of the Act and for the purposes of the regulations.
431.Subsection (5) provides that the regulations may make provision about recognition of overseas dissolutions etc. even if the date of the dissolution etc. preceded the date on which this section comes into force. This will be relevant in the case of an overseas relationship which was dissolved or annulled in a country or territory outside the UK before the Act is brought into force.
432.Under subsection (6) regulations under this section for England and Wales or Northern Ireland must be made by statutory instrument under the affirmative resolution procedure in both Houses of Parliament. Under subsection (7) equivalent regulations for Scotland must be made by statutory instrument under the affirmative resolution procedure in the Scottish Parliament.
