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The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

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1.  This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and to the Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

2.  In this Order “the Act” means the Civil Jurisdiction and Judgments Act 1982.

3.  The following shall be inserted before the final item in section 1(1) of the Act—

“the 1989 Accession Convention” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia — San Sebastián on 26th May 1989,

4.  The following shall be substituted for the final item in section 1(1) of the Act—

“the Conventions” means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.

5.  The following shall be substituted for section 1(2)(a) of the Act—

(a)references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention; and

6.  The following shall be substituted for section 1(3) of the Act—

(3) In this Act “Contracting State” means—

(a)one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b)one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, as the case might be.

7.  The following shall be substituted for section 2(2) of the Act—

(2) For convenience of reference there are set out in Schedules 1, 2, 3, 3A and 3B respectively the English texts of—

(a)the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b)the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention;

(c)Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d)Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e)Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention and in Article 34 of the 1989 Accession Convention.

8.  The following shall be inserted after paragraph (c) of section 3(3) of the Act—

  • ; and

    (d)

    the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention(1),

9.  The following shall be substituted for the first item in section 50 of the Act—

  • “the Accession Convention”, “the 1982 Accession Convention” and “the 1989 Accession Convention” have the meaning given by section 1(1);

10.  The following shall be substituted for section 39(2)(c) and (d) of the Act—

(c)any colony.

11.  The following shall be substituted for section 52(2)(c) and (d) of the Act—

(c)any colony.

12.—(1) The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

(2) The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

(3) The text set out in Schedule 3 to this Order shall be substituted for the text set out in Schedule 3 to the Act.

(4) The text set out in Schedule 4 to this Order shall be inserted after Schedule 3A to the Act.

G. I. de Deney

Clerk of the Privy Council

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