Regulation 5
1. In section 5 of the Merchant Shipping (Liner Conferences) Act 1982 (liability of members of conference to be in proportion to their responsibility)(1), in subsection (6), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.
2. In section 183 of the Companies Act 1989 (insolvency proceedings in other jurisdictions)(2), in subsection (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.
3. In Article 104 of the Companies (No. 2) (Northern Ireland) Order 1990 (insolvency proceedings in other jurisdictions)(3), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”.
4. After article 6F of the High Court and County Courts Jurisdiction Order 1991(4), insert—
“6G.—(1) In this article—
(a)“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4);
(b)“adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.
(2) An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made to the High Court.”
5. In regulation 25 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (insolvency proceedings in other jurisdictions)(5), in paragraph (3), for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.
6. In section 56(4)(b)(iii) of the Criminal Proceedings (etc. (Reform) (Scotland) Act 2007(6), for the words from “Council” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.
7. In section 9(5) of the Defamation Act 2013, in the definition of “the Brussels Regulation”, for the words from “Council Regulation” to the end substitute “Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied by virtue of the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No L 299, 16.11.2005, p62; OJ No L79, 21.3.2013, p4)”.
Subsection (6) of section 5 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 17, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 11.
Subsection (3) of section 183 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 21, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 15.
Paragraph (3) of article 104 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 23, and by S.I. 2007/1655, regulation 5, Schedule, Part 1, paragraph 27(2).
Article 6F was inserted by S.I. 2014/821, article 2(1) and (8).
Paragraph (3) of regulation 25 was amended by S.I. 2001/3929, article 5, Schedule 3, paragraph 27, and by S.I. 2007/1655, regulation 5, Schedule, Part 2, paragraph 32.
Section 56(4)(b)(iii) was amended by S.I. 2007/1655, regulation 5, Schedule 1, paragraph 19.