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Statutory Instruments

1984 No. 129

JUDGMENTS

The Reciprocal Enforcement of Judgments (Administration of Justice Act 1920, Part Ii) (Consolidation) Order 1984

Made

8th February 1984

Coming into Operation

8th February 1984

At the Court at Buckingham Palace, the 8th day of February 1984

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred on Her by section 14 of the Administration of Justice Act 1920(1) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the Reciprocal Enforcement of Judgments (Administration of Justice Act 1920, Part II) (Consolidation) Order 1984 and shall come into operation on 8th February 1984.

2.  Part II of the Administration of Justice Act 1920 shall extend to the countries and territories specified in Schedule 1 to this Order.

3.  The Orders specified in Schedule 2 to this Order are hereby revoked.

N.E. Leigh

Clerk of the Privy Council

Article 2

SCHEDULE 1

Article 3

SCHEDULE 2Orders Revoked

Date on which Order madeCountries or territories to which Order appliedReferences
10th August 1921Cyprus and Gibraltar.S.R.& O. 1921/1394
31st October 1921Colony of Sierra Leone and Island of St. Vincent.S.R.& O. 1921/1692
31st October 1921Sierra Leone, Somaliland and Zanzibar Protectorates.S.R.& O. 1921/1693
21st November 1921South Australia.S.R.& O. 1921/1806
6th February 1922Ceylon, Grenada and Trinidad and Tobago.S.R.& O. 1922/125
6th February 1922Western Australia.S.R.& O. 1922/126
15th March 1922Nigeria Protectorate and Tanganyika Territory.S.R.& O. 1922/291
15th March 1922Colony of Nigeria and the Straits Settlements.S.R.& O. 1922/292
1st April 1922Hong Kong and Basutoland.S.R.& O. 1922/353
1st April 1922Bechuanaland Protectorate, Swaziland and Wei-hai-wei.S.R.& O. 1922/354
25th May 1922British Guiana, St. Lucia, Seychelles and Gold Coast Colony.S.R.& O. 1922/573
20th June 1922Northern Rhodesia and Uganda Protectorate.S.R.& O. 1922/719
14th July 1922British Solomon Islands and Nyasaland Protectorates.S.R.& O. 1922/810
14th July 1922Leeward Islands, Dominica and Gilbert and Ellice Islands.S.R.& O. 1922/811(2)
13th October 1922British Honduras and Barbados.S.R.& O. 1922/1206
4th May 1923Newfoundland.S.R.& O. 1923/562
4th May 1923New Zealand.S.R.& O. 1923/563
4th May 1923Kenya Protectorate and Southern Rhodesia.S.R.& O. 1923/564
4th May 1923Falkland Islands, Fiji and the Colonies of The Gambia and Kenya.S.R.& O. 1923/565
20th February 1924Federated Malay States, Johore and Northern Territories of the Gold Coast.S.R.& O. 1924/253
20th February 1924Ashanti, Bermuda, Jamaica and Mauritius.S.R.& O. 1924/254
9th October 1924Bahamas.S.R.& O. 1924/1220
7th November 1924Kedah.S.R.& O. 1924/1270
7th November 1924Victoria.S.R.& O. 1924/1271
2nd May 1925Territory of New Guinea.S.R.& O. 1925/449
2nd May 1925Northern Territory of Australia and Territory of Norfolk Island.S.R.& O. 1925/450
1st February 1926Territory of Papua.S.R.& O. 1926/91
25th February 1926New South Wales.S.R.& O. 1926/217
7th February 1927St Helena.S.R.& O. 1927/60
6th February 1928Saskatchewan.S.R.& O. 1928/86
22nd March 1928Queensland.S.R.& O. 1928/252
27th November 1930Malta.S.R.& O. 1930/987
17th March 1932Tasmania.S.R.& O. 1932/127

EXPLANATORY NOTE

Part II of the Administration of Justice Act 1920 provides for the reciprocal enforcement by courts in the United Kingdom of judgments obtained in the courts of those countries or territories to which Part II has been extended by Order in Council.

In consequence of the Reciprocal Enforcement of Judgments (General Application to His Majesty's Dominions, etc) Order 1933 (S.R.& O. 1933 No. 1073) made under section 7(1) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13), Part II of the 1920 Act cannot be extended to further countries or territories, but a new section 14(3) of the 1920 Act, inserted by section 35(3) of the Civil Jurisdiction and Judgments Act 1982 (c. 27), allows the consolidation of Orders in Council previously made.

Taking account of constitutional and nominal changes, this Order consolidates the provisions of previous Orders extending Part II of the 1920 Act, other than those which have ceased to have effect.

(1)

section 14 was amended by section 35(3) of the Civil Jurisdiction and Judgments Act 1982 (c. 27).

(2)

S.R.&O. 1922/811 was amended by S.R.&O. 1939/1896.