Part 5Civil partnership formed or dissolved abroad etc.
Chapter 3Dissolution etc.: jurisdiction and recognition
Introduction
219Power to make provision F4corresponding to EC Regulation 2201/2003F4as to jurisdiction in relation to civil partnerships
F51
The Lord Chancellor may by regulations make provision—
a
as to the jurisdiction of courts in England and Wales F1... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—
i
is or has been habitually resident in F6England and Wales, or
F7ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21A
The Department of Justice in Northern Ireland may by regulations make provision—
a
as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners F10in cases where a civil partner—
i
is or has been habitually resident in Northern Ireland, or
ii
is domiciled in Northern Ireland.
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Scottish Ministers may by regulations make provision—
a
as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
b
as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).
F123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.
F36A
Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
6B
No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
6C
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
7
Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.
8
In this Part “section 219 regulations” means regulations made under this section.