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Part IU.K. Implementation of the Conventions

Main implementing provisionsU.K.

1 Interpretation of references to the Conventions and Contracting States.U.K.

(1)In this Act—

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(3)In this Act—

F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F13Words in s. 1(1) substituted in earlier amending provision S.I. 2019/479, reg. 6(2)(b)(ii) (31.12.2020) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 5(2)(a)

F15S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F262The [F25Brussels Conventions] to have the force of law.U.K.

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Textual Amendments

F283 Interpretation of the [F27Brussels Conventions].U.K.

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Textual Amendments

3A The Lugano Convention to have the force of law.U.K.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3B Interpretation of the Lugano Convention.U.K.

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F313CThe 1996 Hague Convention to have the force of lawU.K.

(1)The 1996 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012—

(a)the declaration under Article 29 of the Convention, concerning applicable territorial units;

(b)the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article;

(c)the declaration under Article 54 of the Convention, concerning the use of French.

(3)For convenience of reference there are set out in Schedules 3D and 3E respectively—

(a)the English text of the 1996 Hague Convention;

(b)the declarations referred to in subsection (2).

Textual Amendments

3DThe 2005 Hague Convention to have the force of lawU.K.

(1)The 2005 Hague Convention shall have the force of law in the United Kingdom.

(2)For the purposes of this Act the 2005 Hague Convention is to be read together with [F32the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts].

[F33(3)For convenience of reference there are set out in Schedules 3F and 3FA respectively—

(a)the English text of the 2005 Hague Convention;

(b)the declarations referred to in subsection (2).]

Textual Amendments

3EThe 2007 Hague Convention to have the force of lawU.K.

(1)The 2007 Hague Convention shall have the force of law in the United Kingdom.

[F34(2)For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—

(a)the declaration under Article 2(3) of the Convention, concerning spousal support;

(b)the reservation under Article 44(3) of the Convention, concerning the use of French;

(c)the declaration under Article 11(1)(g) of the Convention, concerning application contents;

(d)the unilateral declaration concerning the application of the Convention.]

[F35(3)For convenience of reference there are set out in Schedules 3G and 3GA respectively—

(a)the English text of the 2007 Hague Convention;

(b)the reservations and declarations referred to in subsection (2).]]

Textual Amendments

Supplementary provisions as to recognition and enforcement of judgmentsU.K.

F364 Enforcement of judgments other than maintenance orders.U.K.

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Textual Amendments

F374A Enforcement of judgments, other than maintenance orders, under the Lugano ConventionU.K.

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Textual Amendments

[F384B.Registration and enforcement of judgments under the 2005 Hague ConventionU.K.

(1)A judgment which is required to be recognised and enforced under the 2005 Hague Convention in any part of the United Kingdom must be registered in the prescribed manner in the appropriate court, on the application of any interested party.

(2)In subsection (1) “the appropriate court” means—

(a)in England and Wales or Northern Ireland, the High Court;

(b)in Scotland, the Court of Session.

(3)A judgment which is required to be recognised and enforced under the 2005 Hague Convention must be registered without delay on completion of the formalities in Article 13 of the 2005 Hague Convention if the registering court considers that it meets the condition for recognition in Article 8(3) of the 2005 Hague Convention, without any review of whether a ground for refusal under Article 9 applies.

(4)The party against whom enforcement is sought shall not be entitled to make any submission on the application for registration.

(5)Where a judgment which is required to be recognised and enforced under the 2005 Hague Convention has been registered, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(6)A judgment which is required to be recognised and enforced under the 2005 Hague Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(7)Subsection (6) is subject to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the 2005 Hague Convention may be enforced.]

Textual Amendments

Modifications etc. (not altering text)

F395 Recognition and enforcement of maintenance orders.U.K.

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Textual Amendments

F405A Recognition and enforcement of maintenance orders under the Lugano ConventionU.K.

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Textual Amendments

F416 Appeals under Article 37, second paragraph and Article 41.U.K.

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Textual Amendments

F426A Appeals under Article 44 and Annex IV of the Lugano ConventionU.K.

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Textual Amendments

[F436B.Appeals in relation to registration of judgments under the 2005 Hague ConventionU.K.

(1)A decision on the application for registration of a judgment required to be recognised and enforced under the 2005 Hague Convention may be appealed against by either party.

(2)The appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the High Court;

(b)in Scotland, to the Court of Session.

(3)The court to which an appeal referred to in subsection (1) is brought must refuse or revoke registration only if—

(a)the condition for recognition in Article 8(3) of the 2005 Hague Convention is not met;

(b)the ground for postponement or refusal of recognition in Article 8(4) of the 2005 Hague Convention applies; or

(c)one or more of the grounds specified in Article 9 of the 2005 Hague Convention apply.

(4)A single further appeal on a point of law against the judgment given on the appeal referred to in subsection (1) lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(5)Paragraph (a) of subsection (4) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that Court lies from a decision of the Court of Appeal).]

Textual Amendments

Modifications etc. (not altering text)

7 Interest on registered judgments.U.K.

(1)F44... Where in connection with an application for registration of a judgment under section F45... [F464BF47...] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, F48... from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F51... Debts under judgments registered under section F52... [F534B]F54... shall carry interest only as provided by this section.

Textual Amendments

Modifications etc. (not altering text)

C3S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

F558Currency of payment under registered maintenance orders.U.K.

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Textual Amendments

Other supplementary provisionsU.K.

9 [F56Provisions supplementary to Article 26 of the 2005 Hague Convention].U.K.

(1)F57... [F58Article 26 of the 2005 Hague Convention] (relationship between [F59the 2005 Hague Convention] and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

(a)any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

(b)any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F60(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

F6210Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.U.K.

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Textual Amendments

F6311Proof and admissibility of certain judgments and related documents.U.K.

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Textual Amendments

F6411AProof and admissibility of certain judgments and related documents for the purposes of the Lugano ConventionU.K.

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Textual Amendments

[F6511B.Proof and admissibility of certain judgments and related documents for the purposes of the 2005 Hague ConventionU.K.

(1)For the purposes of the 2005 Hague Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a 2005 Hague Convention State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)a certificate issued by the court of the 2005 Hague Convention State of origin, in the form recommended for use under the 2005 Hague Convention and published by the Hague Conference on Private International Law, as referred to in Article 13(3) of the 2005 Hague Convention, shall be evidence, and in Scotland sufficient evidence, as to whether the judgment has effect or is enforceable in the 2005 Hague Convention State of origin.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in their capacity as judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.]

Textual Amendments

Modifications etc. (not altering text)

12 Provision for issue of copies of, and certificates in connection with, U.K. judgments.U.K.

Rules of court may make provision for enabling any interested party wishing to secure under F66... [F67the 2005 Hague Convention] the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgment; and

(b)a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Textual Amendments

Modifications etc. (not altering text)

C7S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

F6813Modifications to cover authentic instruments and court settlements.U.K.

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Textual Amendments

F6914Modifications consequential on revision of the Conventions.U.K.

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Textual Amendments

15 Interpretation of Part I and consequential amendments.U.K.

(1)In this Part, unless the context otherwise requires—

(2)References in this Part to a judgment registered under [F74sections F75... [F764BF77...]] include, to the extent of its registration, references to a judgment so registered to a limited extent only.

F78(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X1(4)The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

Modifications etc. (not altering text)

C8S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.