Search Legislation

The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 6

SCHEDULE 4AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

This schedule has no associated Explanatory Memorandum

1.  The Civil Jurisdiction and Judgments Act 1982(1) is amended as follows.

2.  In section 16 (allocation within UK of jurisdiction in certain civil proceedings), in subsection (4) after “Regulation” insert “, Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011”.

3.  In section 18 (enforcement of UK judgments in other parts of the UK), in subsection (7) after “section 4 or 5 of this Act” insert “or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.”.

4.  In section 20 (rules as to jurisdiction in Scotland), in subsection (3)—

(a)the words “to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies” become paragraph (a);

(b)after that paragraph insert—

; and

(b)to the extent that it relates to any matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..

5.—(1) Section 24 (interim relief and protective measures in cases of doubtful jurisdiction) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

; or

(d)the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union(2)..

(3) In subsection (2) , after paragraph (c) insert—

; or

(d)the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union..

6.—(1) Section 25 (interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings) is amended as follows.

(2) In subsection (1)—

(a)in paragraph (a), after “a Regulation State” insert “or a Maintenance Regulation State”;

(b)in paragraph (b), after “Article 1 of the Regulation” insert “, within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation”;

(c)in that paragraph, after “whether or not the Regulation” insert “, the Maintenance Regulation”.

(3) In subsection (3)—

(a)in paragraph (a), after “Regulation State” insert “or a Maintenance Regulation State”;

(b)in paragraph (b) omit “either”;

(c)in that paragraph, after “Article 1 of the Regulation” insert “, the Maintenance Regulation as determined by Article 1 of that Regulation”.

7.—(1) Section 27 (provisional and protective measures in Scotland in the absence of substantive proceedings) is amended as follows.

(2) In subsection (2)—

(a)in paragraph (a), after “Regulation State” insert “, in another Maintenance Regulation State”;

(b)in paragraph (b), after the second “Regulation” insert “or is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation”.

(3) In subsection (3)—

(a)in paragraph (a), for “or Regulation State” substitute “, Regulation State or Maintenance Regulation State”;

(b)in paragraph (b), at the end insert “or the Maintenance Regulation as determined by Article 1 of that Regulation”;

(c)in paragraph (d), for “or Regulation State” substitute “, Regulation State or Maintenance Regulation State”.

8.—(1) Section 28 (application of s.1 of the Administration of Justice (Scotland) Act 1972(3)) is amended as follows.

(2) The existing provision becomes subsection (1).

(3) After that subsection insert—

(2) When any proceedings have been brought or are likely to be brought in another Maintenance Regulation State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation, the Court of Session has the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as if the proceedings in question had been brought, or were likely to be brought, in that court..

9.  In section 32 (overseas judgments given in proceedings brought in breach of agreement for settlement of disputes), in subsection (4)(a) after “the Regulation” insert “or the Maintenance Regulation”.

10.  In section 33 (certain steps not to amount to submission to jurisdiction of overseas court), in subsection (2) after “the Regulation” insert “or the Maintenance Regulation”.

11.  In Schedule 4 (Chapter II of the Regulation as modified for allocation of jurisdiction within the UK), paragraph 3(b) is repealed.

12.  Paragraph 5 of Schedule 5 (proceedings excluded from Schedule 4) is repealed.

13.  In Schedule 8 (rules as to jurisdiction in Scotland), paragraph 2(e) is repealed.

(1)

1982 c.27. The Civil Jurisdiction and Judgments Act 1982 was amended by section 3 of, and Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12), Article 4 of, and Schedule 2 to S.I.2001/3929, regulations 2, 16 and 17 of S.I. 2009/3131 and section 226(1) of and paragraph 12 of Schedule 5 to the Bankruptcy and Diligence etc (Scotland) Act 2007 (2007 asp 3).

(2)

O.J. No. C 83, 30.3.2010, p.1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources