Search Legislation

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

What Version

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

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Saving: Regulation (EC) No 805/2004 - European Enforcement Orders applied for before exit day

This section has no associated Explanatory Memorandum

16.—(1) Regulation (EC) No 805/2004 continues to apply as if it had not been revoked by these Regulations with the modifications set out in paragraph (2) in relation to a case where—

(a)one or more of the following has occurred—

(i)a judgment has been given before exit day;

(ii)a court settlement has been approved or concluded before exit day;

(iii)an authentic instrument has been drawn up or registered before exit day;

(b)the application for certification as a European Enforcement Order is made before exit day; and

(c)enforcement of the certified judgment, court settlement, or authentic instrument is being sought in the United Kingdom.

(2) Those modifications are that Regulation (EC) No 805/2004 is to be read as if—

(a)the term “Member State” included the United Kingdom;

(b)Article 29 (information on enforcement procedures and authorities) were omitted;

(c)Article 30 (information relating to redress procedures, languages and authorities) were omitted;

(d)Article 31 (amendments to the Annexes) were omitted;

(e)Article 32 (committee) were omitted.

(3) In this regulation—

(a)“authentic instrument” means—

(i)a document which has been formally drawn up or registered as an authentic instrument, and the authenticity of which—

(aa)relates to the signature and the content of the instrument; and

(bb)has been established by a public authority or other authority empowered for that purpose by the member State in which it originates; or

(ii)an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them;

(b)“judgment” means any judgment given by a court or tribunal of a member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

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

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