The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of cross-border judicial cooperation regarding the service of documents and the taking of evidence in civil and commercial matters.

Part 2 relates to the cross-border service of documents. It revokes Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in Member States of judicial and extrajudicial documents in civil or commercial matters (the Service Regulation). It also revokes two Scottish Statutory Instruments and provides for the cessation of any rights, powers, liabilities, obligations, restrictions, remedies and procedures which are derived from the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters (the Agreement). Part 2 then saves the substantive Scottish Statutory Instrument and the rights, etc. deriving from the Agreement, and saves and modifies the Service Regulation for application to documents that were received by certain United Kingdom bodies before exit day for service in the United Kingdom.

Part 3 relates to the cross-border taking of evidence. It revokes Regulation (EC) No. 1206/2001 of the Council of the European Union on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (the Evidence Regulation). It then saves and modifies the Evidence Regulation for application to requests received by certain United Kingdom bodies before exit day in the United Kingdom.

A full impact assessment has not been published for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.