The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

PART 3 Amendment of subordinate legislation

The High Court and County Courts Jurisdiction Order 1991

70.  In the High Court and County Courts Jurisdiction Order 1991(1), omit article 6G.

The Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997

71.  In the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997(2), in article 2—

(a) in paragraph (a)—

(i) omit the words from “a Brussels” to “Lugano Convention,”;

(ii) omit the words after “Hague Convention State”;

(b) in paragraph (b), for “the scope of the Regulation as determined by Article 1 of the Regulation” substitute “scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention”.

The Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997

72.—(1) The Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures) (Scotland) Order 1997(3) is amended as follows.

(2) In article 2—

(a) in paragraph (a), omit the words from “a Brussels” to “Convention or”;

(b) in paragraph (b), for the words from “the scope” to the end substitute “scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention.”.

(3) In article 3, omit the words from “a Brussels” to “Convention or”.

The Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997

73.—(1) The Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997(4) is amended as follows.

(2) In article 2(a), after “paragraph (b)” insert “as they had effect immediately before exit day”.

(3) Renumber article 4 as paragraph (1) of that article, and—

(a) in the paragraph (1)(b) so formed, for “the reports mentioned in section 3(3)” substitute “the expert reports relating to the 1968 Convention referred to in section 50”; and

(b) after the paragraph (1) so formed, insert—

“(2) The requirement in paragraph (1)(a) applies only in relation to principles laid down, or decisions made, by the European Court before exit day.”.

The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001

74.  The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001(5) is revoked.

The Civil Jurisdiction and Judgments Order 2001

75.—(1) The Civil Jurisdiction and Judgments Order 2001(6) is amended as follows.

(2) In article 2 (interpretation), omit the definitions of—

(a) “the 2005 Agreement”;

(b) “the Regulation”;

(c) “the Regulation State”.

(3) Omit article 3 (the Regulation).

(4) Omit article 3A (the 2005 Agreement).

(5) Omit Schedule 1 (the Regulation).

The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002

76.—(1) The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002(7) are amended as follows.

(2) In regulation 2 (interpretation), omit the definitions of—

(a) “Contracting State”;

(b) “Regulation State”.

(3) Omit regulation 3 (recognition or enforcement of tribunal decisions in another Contracting State).

(4) Omit regulation 4 (recognition or enforcement of tribunal decisions in another Regulation State).

The Armed Forces (Service of Process in Maintenance Proceedings) Regulations 2009

77.  In regulation 2 (interpretation) of the Armed Forces (Service of Process in Maintenance Proceedings) Regulations 2009(8), in paragraph (1), in the definition of “maintenance order”, omit “or Part 1 of the Civil Jurisdiction and Judgments Act 1982 or Council Regulation (EEC) No 44/2001”.

The Armed Forces (Forfeitures and Deductions) Regulations 2009

78.—(1) The Armed Forces (Forfeitures and Deductions) Regulations 2009(9) are amended as follows.

(2) In regulation 2 (interpretation), omit the definition of “the 2000 Council Regulation”.

(3) In regulation 8 (deduction from pay – external maintenance order), in paragraph (10)(a), omit sub-paragraphs (iii) and (iv).

(4) In regulation 9 (meaning of “maintenance order”), in paragraph (2), omit sub-paragraphs (a) and (b).

The Civil Jurisdiction and Judgments Regulations 2009

79.—(1) The Civil Jurisdiction and Judgments Regulations 2009(10) are amended as follows.

(2) Omit regulations 46 and 47 (provisions relating to authentic instruments and court settlements).

The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

80.  In Schedule 2 to the International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012(11)—

(a) in paragraph 1 (application), omit sub-paragraphs (a) and (b); and

(b) in paragraph 2 (interpretation), omit the definitions of “the Council Regulation” and “the Lugano Convention”.

The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012

81.  In Schedule 2 to the International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations (Northern Ireland) 2012(12)—

(a) in paragraph 1 (application), omit sub-paragraphs (a), (b), (c) and (d); and

(b) in paragraph 2 (interpretation), omit the definitions of “the 1968 Brussels Convention”, “the 1988 Lugano Convention”, “the Council Regulation” and “the Lugano Convention”.

(1)

S.I. 1991/724. Article 6G was inserted by S.I. 2014/2947.

(2)

S.I. 1997/302. Relevant amendments were made by S.I. 2001.3929, S.I. 2009/3131 and S.I. 2015/1644.

(3)

S.I. 1997/2780 (S. 174).

(4)

S.I. 1997/2602.

(5)

S.I. 2001/3928.

(6)

S.I. 2001/3929. Relevant amendments were made by S.I. 2007/1655 and S.I. 2014/2947.

(7)

S.I. 2002/2972 (S. 12).

(8)

S.I. 2009/1093.

(9)

S.I. 2009/1109.

(10)

S.I. 2009/3131.

(11)

S.I. 2012/2814.

(12)

S.R. 2012/413.