The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019

PART 1 U.K. Amendment of primary legislation

1.  In the Prescription Act 1832 M1 , omit section 8A (exclusion of time because of mediation in certain cross-border disputes). U.K.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 1832 c. 71. Section 8A was inserted by S.I. 2011/1133.

2.—(1) The Land Registration Act (Northern Ireland) 1970 M2 is amended as follows. U.K.

(2) In Schedule 9 (compensation payable under the Act)—

(a) in paragraph 4(1), omit “and paragraph 4A”;

(b) omit paragraph 4A.

Commencement Information

I2 Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M2 1970 c. 18. Schedule 9 was amended by S.R. 2011/157. There are other amendments to Schedule 9 which are not relevant for the purpose of these Regulations.

3.—(1) The Equal Pay Act (Northern Ireland) 1970 M3 is amended as follows. U.K.

(2) In section 2ZA, in subsections (3) to (6) (“qualifying date” under section 2(4)), omit “, subject to section 2ZAA,” each time it occurs.

(3) Omit section 2ZAA (extension of time limit: mediation).

Commencement Information

I3 Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M3 1970 c. 32. Section 2ZA was inserted by S.R. 2004/171, and amended by S.R. 2011/157. Section 2ZAA was also inserted by S.R. 2011/157.

4.—(1) The Prescription and Limitation (Scotland) Act 1973 M4 is amended as follows. U.K.

(2) In section 22A (ten years' prescription of obligations), omit subsections (5), (6), (7) and (8).

(3) Omit section 22CB (extension of limitation period 1987 Act actions: mediation).

Commencement Information

I4 Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M4 1973 c. 52. Section 22A was inserted by paragraph 1 of Schedule 10 to the Consumer Protection Act 1987 (c. 43) and amended by paragraph 6(3) of Schedule 8 to the Bankruptcy (Scotland) Act 2016 (asp 21), section 23(5) of the Arbitration (Scotland) Act 2010 (asp 1), and S.I. 2011/1133. Section 22CB was also inserted by S.I. 2011/1133.

5.—(1) The Sex Discrimination (Northern Ireland) Order 1976 M5 is amended as follows. U.K.

(2) In Article 76 (period within which proceedings to be brought)—

(a) in paragraphs (1), (3) and (4), for “Subject to Article 76A, an industrial tribunal” substitute “ An industrial tribunal ”;

(b) in paragraph (2), for “Subject to Article 76A, a county court” substitute “ A county court ”.

(3) Omit Article 76A (extension of time limit: mediation).

Commencement Information

I5 Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M5 S.I. 1976/1042 (N.I. 15). Article 76 was amended, and Article 76A inserted, by S.R. 2011/157.

6.—(1) The Matrimonial Causes (Northern Ireland) Order 1978 M6 is amended as follows. U.K.

(2) In Article 55 (extension of section 17 of Married Women's Property Act 1882) omit “, subject to Article 55A, ”.

(3) Omit Article 55A (extension of time limit: mediation).

Commencement Information

I6 Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M6 S.I. 1978/1045 (N.I. 15); Article 55 was amended, and Article 55A inserted, by S.R. 2011/157.

7.—(1) The Limitation Act 1980 M7 is amended as follows. U.K.

(2) In section 10(5) (special time limit for claiming contribution), omit “, 33A”.

(3) In section 12(3) (special time limit for actions under Fatal Accidents legislation), omit “, 33A”.

(4) Omit section 33A (extension of time limits because of mediation in certain cross-border disputes).

Commencement Information

I7 Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M7 1980 c. 58. Section 10(5) was amended by S.I. 2011/1133; that S.I. also amended section 12(3) and inserted section 33A. Section 12 was also amended by paragraph 2 of Schedule 1 to the Consumer Protection Act 1987 (c. 43), and S.I. 2015/1392.

8.—(1) The Domestic Proceedings (Northern Ireland) Order 1980 M8 is amended as follows. U.K.

(2) In Article 35 (time limits for applications), omit “, and subject to Article 35A,”.

(3) Omit Article 35A (extension of time: mediation).

Commencement Information

I8 Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M8 S.I. 1980/563 (N.I. 5). Article 35 was amended by S.R. 2011/157, and Article 35A was inserted by the same instrument.

9.—(1) The Magistrates' Courts (Northern Ireland) Order 1981 M9 is amended as follows. U.K.

(2) In Article 63(1) (time within which debt proceedings may be commenced) omit “and Article 63A”.

(3) Omit Article 63A (extension of time limit: mediation).

Commencement Information

I9 Sch. 1 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M9 S.I. 1981/1675 (N.I. 26). Article 63 was amended by S.R. 2011/157, and Article 63A was inserted by the same instrument.

10.—(1) The Foreign Limitation Periods Act 1984 M10 is amended as follows. U.K.

(2) In section 1(1)(a) (application of foreign limitation law), for “sections 1A and 1B” substitute “ section 1B ”.

(3) Omit section 1A (extension of limitation periods because of mediation of certain cross-border disputes).

Commencement Information

I10 Sch. 1 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M10 1984 c. 16. Section 1 was amended by S.I. 2011/1133 and S.I. 2015/1392. Section 1A was also inserted by S.I. 2011/1133.

11.  In the Limitation (Northern Ireland) Order 1989 M11 , omit Article 51A (extension of time limits: mediation). U.K.

Commencement Information

I11 Sch. 1 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M11 S.I. 1989/1339 (N.I. 11). Article 51A was inserted by S.R. 2011/157.

12.—(1) The Employment Rights Act 1996 M12 is amended as follows. U.K.

(2) In section 11 (references to employment tribunals), omit subsection (5) M13 .

(3) In section 23 (complaints to employment tribunals), for subsection (3A) M14 substitute—

“(3A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2).”.

(4) In section 34 (complaints to employment tribunals), for subsection (2A) M15 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(5) In section 48 (complaints to employment tribunals), for subsection (4A) M16 substitute—

“(4A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).”.

(6) In section 51 (complaints to employment tribunals), for subsection (2A) M17 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(7) In section 54 (complaints to employment tribunals), for subsection (2A) M18 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(8) In section 57 (complaints to employment tribunals), for subsection (2A) M19 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(9) In section 57ZC (complaint to employment tribunal: agency workers) M20 , for subsection (3A) substitute—

“(3A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).”.

(10) In section 57ZF (complaint to employment tribunal) for subsection (3) M21 substitute—

“(3) Section 207B applies for the purposes of subsection (2)(a).”.

(11) In section 57ZH (complaint to employment tribunal: agency workers), for subsection (4) M22 substitute—

“(4) Section 207B applies for the purposes of subsection (3)(a).”.

(12) In section 57ZM (complaint to employment tribunal), for subsection (3) M23 substitute—

“(3) Section 207B applies for the purposes of subsection (2)(a).”.

(13) In section 57ZQ (complaint to employment tribunal: agency workers), for subsection (4) M24 substitute—

“(4) Section 207B applies for the purposes of subsection (3)(a).”.

(14) In section 57B (complaint to employment tribunal), for subsection (2A) M25 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(15) In section 60 (complaints to employment tribunals), for subsection (2A) M26 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(16) In section 63 (complaints to employment tribunals) for subsection (2A) M27 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(17) In section 63C (complaints to employment tribunals) for subsection (2A) M28 , substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(18) In section 63I (complaints to employment tribunals), for subsection (7) M29 substitute—

“(7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies to subsection (5)(a).”.

(19) In section 70 (complaints to employment tribunals), for subsection (8) M30 substitute—

“(8) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2)(a) and (5)(a).”.

(20) In section 70A (complaints to employment tribunals: agency workers), for subsection (7A) M31 substitute—

“(7A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (2)(a) and (5)(a).”.

(21) In section 80 (complaints to employment tribunals), for subsection (2A) M32 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply] for the purposes of subsection (2)(a).”.

(22) In section 80H (complaints to employment tribunals), for subsection (7) M33 substitute—

“(7) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(a).”.

(23) In section 111 (complaints to employment tribunals), for subsection (2A) M34 substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).”.

(24) In section 164 (claims for redundancy payment), omit subsection (4) M35 .

(25) Omit section 207A (extension of time limits because of mediation in certain cross-border disputes) M36 .

(26) In section 207B(1) (extension of time limits to facilitate conciliation before institution of proceedings) M37 , omit from “But it does not apply” to the end.

Commencement Information

I12 Sch. 1 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M12 1996 c. 18.

M13 Section 11 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) (“the 1998 Act”), paragraph 16 of Schedule 2 to the Enterprise and Regulatory Reform Act 2013 (c. 24) (“the 2013 Act”), paragraph 68 of Schedule 13 to the Pensions Act 2014 (c. 19), S.I. 2011/1133, S.I. 2014/431 and 2018/529.

M14 Section 23 was amended by section 1 of, and paragraph 18 of Schedule 1 to, the 1998 Act, paragraph 17 of Schedule 2 to the 2013 Act, section 129(2) of the Children and Families Act 2014 (c. 6), S.I. 2011/1133 and 2014/3322.

M15 Section 34 was amended by section 1 of the 1998 Act, paragraph 18 of Schedule 2 to the 2013 Act and S.I. 2011/1133.

M16 Section 48 was amended was amended by section 1 of the 1998 Act, section 3 of the Public Interest Disclosure Act 1998 (c. 23), paragraph 11 of Schedule 3 to the Teaching and Higher Education Act 1998 (c. 30), paragraph 1 of Schedule 1 to the Tax Credits Act 2001 (c. 21), section 40(2) of the Employment Relations Act 2004 (c. 24), paragraph 2 of Schedule 1 to the Apprenticeship, Skills, Children and Learning Act 2009 (c. 22) (“the 2009 Act”), section 31(3) of the Growth and Infrastructure Act 2013 (c. 27), section 19(2) of, and paragraphs 18 and 19 of Schedule 2 to, the 2013 Act, section 129(2) of the Children and Families Act 2014 (c. 6) (“the 2014 Act)), paragraph 5 of Schedule 8 to the Enterprise Act 2016 (c. 12), S.I. 1998/1833, and S.I. 2011/1133.

M17 Section 51 was amended by section 1 of the 1998 Act, paragraph 20 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M18 Section 54 was amended by section 1 of the 1998 Act, paragraph 21 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M19 Section 57 was amended by section 1 of the 1998 Act, paragraph 22 of Schedule 2 to the 2013 Act, section 130(1) of the 2014 Act, and S.I. 2011/1133.

M20 Section 57ZC was inserted by S.I. 2010/93, and amended by paragraph 23 of Schedule 2 to the 2013 Act, and section 130(2) of the 2014 Act.

M21 Section 57ZF was inserted by section 127(1) of the 2014 Act.

M22 Section 57ZH was inserted by section 127(1) of the 2014 Act.

M23 Section 57ZM was inserted by section 128(1) of the 2014 Act

M24 Section 57ZQ was inserted by section 128(1) of the 2014 Act.

M25 Section 57B was inserted by Part 2 of Schedule 4 to the Employment Relations Act 1999 (c. 26) (“the 1999 Act”), paragraph 24 of Schedule 2 to the 2013 Act, and S.I. 2011/1133).

M26 Section 60 was amended by section 1(2) of the 1998 Act, paragraph 25 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M27 Section 63 was amended by section 1(2) of the 1998 Act, paragraph 26 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M28 Section 63C was inserted by section 33 of the Teaching and Higher Education Act 1998 (c. 30), and amended by paragraph 27 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M29 Section 63I was inserted by section 40 of the 2009 Act, amended by paragraph 28 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M30 Section 70 was amended by section 1(2) of the 1998 Act, paragraph 29 of Schedule 2 to the 2013 Act, and S.I. 2011/1133.

M31 Section 70A was inserted by S.I. 2010/93 and amended by paragraph 30 of Schedule 2 to the 2013 Act.

M32 Section 80 was amended by Part 1 of Schedule 4 to the 1999 Act, paragraph 31 of Schedule 2 to the 2013 Act and S.I. 2011/1133.

M33 Section 80H was inserted by section 47 of the Employment Act 2002 (c. 22) (“the 2002 Act”), amended by paragraph 32 of Schedule 2 to the 2013 Act, amended by section 133 of the 2014 Act and S.I. 2011/1133.

M34 Section 111 was amended by section 1(2) of the 1998 Act, paragraph 33 of Schedule 2 to the 2013 Act, S.I. 2010/493 and S.I. 2011/1133.

M35 Section 164 was amended by section 1(2) of the 1998 Act, paragraph 34 of Schedule 2 to the 2013 Act and S.I. 2011/1133.

M36 Section 207A was inserted by S.I. 2011/1133.

M37 Section 207B was inserted by paragraph 35 of Schedule 2 to the 2013 Act.

13.  In the Employment Rights (Northern Ireland) Order 1996, omit Article 249A M38 (time limits in relation to certain mediated cross-border disputes). U.K.

Commencement Information

I13 Sch. 1 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M38 S.I. 1996/1919 (N.I.16). Article 249A was inserted by S.I. 2011/157.

14.—(1) The Fair Employment and Treatment (Northern Ireland) Order 1998 M39 is amended as follows. U.K.

(2) In Article 46 (period within which proceedings must be brought)—

[F1 (a) in paragraph (1), for “Articles 46A and” substitute “Article”;]

(b) in paragraphs (2), (3) and (4), omit “and to Article 46A,”.

(3) Omit Article 46A (extension of time limits: mediation).

[F2 (4) In Article 46B(1) (extension of time limit to allow conciliation), omit the second sentence.]

Textual Amendments

F1 Sch. 1 para. 14(2)(a) substituted (17.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 2(2)

F2 Sch. 1 para. 14(4) inserted (17.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 2(3)

Commencement Information

I14 Sch. 1 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M39 S.I. 1998/3162 (N.I. 21). Article 46 was amended by S.I. 2003/2902 (N.I. 15) and S.R. 2011/157, which also inserted Article 46A.

15.—(1) Section 11 of the Employment Relations Act 1999 M40 (complaint to employment tribunal) is amended as follows. U.K.

(2) For subsection (2A) substitute—

“(2A) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 applies for the purposes of subsection (2)(a).”.

(3) In subsection (2B), for “sections 207A and” substitute “ section ”.

Commencement Information

I15 Sch. 1 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M40 1999 c. 26. Section 11 was amended by paragraph (1) of Schedule 8 to the 2002 Act, section 37(2) of the 2004 Act, and paragraph 40 of Schedule 2 to the 2013 Act.

16.—(1) The Land Registration Act 2002 M41 is amended as follows. U.K.

(2) In Schedule 6 (registration of adverse possessor)—

(a) in paragraph 1(1), omit “Subject to paragraph 16,”;

(b) in paragraph 1(2), omit “Subject to paragraph 16,”;

(c) in paragraph 6 omit sub-paragraph (1A);

(d) omit paragraph 16 (extension of time limits because of mediation in certain cross-border disputes).

Commencement Information

I16 Sch. 1 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M41 2002 c. 9. Schedule 6 was amended by S.I. 2011/1133.

17.—(1) The Equality Act 2010 M42 is amended as follows. U.K.

(2) In section 118(1) (time limits) M43 , for “sections 140A and” substitute “ section ”.

(3) In section 123(1) (time limits) M44 , for “sections 140A and” substitute “ section ”.

(4) In section 129(3) (time limits) M45 , for “sections 140A and” substitute “ section ”.

(5) Omit section 140A (extension of time limits because of mediation in certain cross-border disputes) M46 .

(6) In section 140B(1) (extension of time limits to facilitate conciliation before institution of proceedings) M47 , omit from “But it does not apply” to the end.

Commencement Information

I17 Sch. 1 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M42 2010 c. 15.

M43 Section 118 was amended by section 64 of the 2013 Act, S.I. 2011/1133 and S.I. 2015/1392. There are other amendments which are not relevant for the purposes of these Regulations.

M44 Section 123 was amended by paragraph 43 of Schedule 2 to the 2013 Act and S.I. 2011/1133.

M45 Section 129 was amended by paragraph 44 of Schedule 2 to the 2013 Act and S.I. 2011/1133.

M46 Section 140A was inserted by S.I. 2011/1133.

M47 Section 140B was inserted by paragraph 45 of Schedule 2 to the 2013 Act.