- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
11.—(1) Amend section 5 (power of court to refuse application or stay proceedings) as follows.
(2) In subsection (2), omit “other than proceedings governed by the Council Regulation,”.
(3) At the end of paragraph (b) of that subsection insert “or”
“(c)that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),”.
(4) At the end of that subsection insert “or (as the case may be) exercise its powers under Article 15”.
(5) In subsection (3), for “in accordance with subsection (2) above” substitute “by virtue of subsection (2)(a) or (b) above”.
(6) After subsection (3), insert—
“(3A) The court may remove a stay granted under Article 15 of the Council Regulation only in accordance with that Article.”.
(7) In subsection (4), after “Nothing in this section” insert “so far as it relates to proceedings not governed by the Council Regulation”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: