http://www.legislation.gov.uk/ssi/2019/104The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019texttext/xmlenEXITING THE EUROPEAN UNIONFAMILY LAWJUDGMENTSCHILDREN AND YOUNG PERSONSStatute Law Database2024-05-15Expert Participation2020-12-31 These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union. The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 2019 No. 104Exiting The European UnionFamily LawJudgmentsChildren And Young PersonsThe Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019Made19th March 2019Coming into force in accordance with regulation 1The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.In accordance with paragraph 4(b) of schedule 2 of that Act, they have consulted with the Secretary of State.In accordance with paragraph 1(7) of schedule 7 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.PART 1IntroductionCitation and commencement1These Regulations may be cited as the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force on exit day.Interpretation2In these Regulations—“Council Regulation No. 2201/2003” means Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, and“competent authority” means the Court of Session or the sheriff court as appropriate.PART 2Revocation of retained direct EU legislationRevocation of Council Regulation No. 2201/20033Council Regulation No. 2201/2003 is revoked.PART 3Amendment of primary legislationAmendment of primary legislation4Schedule 1 has effect.PART 4Revocation and amendment of secondary legislationRevocation and amendment of secondary legislation5Schedule 2 has effect.PART 5Saving and transitional provisions<Substitution ChangeId="key-ba61ed564f0015b1f24b3464ef0d07e4-1623766042051" CommentaryRef="key-ba61ed564f0015b1f24b3464ef0d07e4">Saving and transitional provisions</Substitution>6Nothing in these Regulations affects the application of paragraphs 1, 2(b) and 3(a) of Article 67 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of those paragraphs as if the amendments and revocations had not been made.Ash Denham Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
SCHEDULE 1Amendment of primary legislation Regulation 4Amendment of the Domicile and Matrimonial Proceedings Act 197311The Domicile and Matrimonial Proceedings Act 1973 is amended as follows.2In section 7 (jurisdiction of Court of Session)—ain subsection (2A)—iafter “if (and only if)”, insert “ either of the parties to the marriage ”, andiifor paragraphs (a) and (b) substitute—ais domiciled in Scotland on the date when the action is begun, orbwas habitually resident in Scotland throughout the period of one year ending with that date.,bin subsection (3A)—iafter “if (and only if)” insert “ either of the parties to the marriage ”,iiomit the first paragraphs (a) and (b),iiifor the second paragraphs (a) and (b) substitute—ais domiciled in Scotland on the date when the action is begun,bwas habitually resident in Scotland throughout the period of one year ending with that date, orcdied before that date and either—iwas at death domiciled in Scotland, oriihad been habitually resident in Scotland throughout the period of one year ending with the date of death.,comit subsection (3B),domit subsection (5A), andein subsection (9) for “a member state of the European Union” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”.3In section 8 (jurisdiction of sheriff court in respect of actions for separation)—ain subsection (2)—iomit “or for declarator of recognition, or non-recognition, of a relevant foreign decree”,iifor paragraph (a) substitute—aeither of the parties to the marriage—iis domiciled in Scotland on the date when the action is begun, oriiwas habitually resident in Scotland throughout the period of one year ending with that date, and,bin subsection (2A)—iafter “marriage” where it first occurs insert “ or for declarator of recognition, or non-recognition, of a relevant foreign decree ”,iifor paragraph (b) substitute—beither party to the marriage—iis domiciled in Scotland on the date when the action is begun,iiwas habitually resident in Scotland throughout the period of one year ending with that date, oriidied before that date and either–Awas at death domiciled in Scotland, orBhad been habitually resident in Scotland throughout the period of one year ending with the date of death.,comit subsections (2B), (2C) and (2D),domit subsection (3A), andein subsection (4) omit “, provided that entertaining the action would not contravene Article 6 of the Council Regulation”.4In section 10 (ancillary and collateral orders) omit subsections (1B) and (1BA) .5In section 11 (sisting of certain actions) omit subsection (2).6In section 12 (supplementary), in subsection (5) omit paragraphs (b) to (d).7In schedule 1B (jurisdiction in relation to same sex marriages (Scotland)) —ain paragraph 1(3), in the definition of “relevant foreign decree” for “a member State” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”,bomit paragraph 2 (power to make provision corresponding to EC Regulation 2201/2003),cin paragraph 3 (divorce or separation)—iin sub-paragraph (1), after “if (and only if)” insert “ either of the parties to the marriage ”,iifor sub-paragraph (1)(a) and (b), substitute—ais domiciled in Scotland on the date when the proceedings are begun, orbwas habitually resident in Scotland throughout the period of one year ending with that date., andiiiin sub-paragraph (3)(b), omit “under regulations under paragraph 2”,din paragraph 5 (nullity of marriage)—iin sub-paragraph (1)—aaomit from beginning of head (a) to “those regulations and”,bbin sub-head (i), after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,iiin sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”,iiiin sub-paragraph (3), in head (b), omit “under regulations under paragraph 2”,ein paragraph 6 (recognition, or non-recognition, of foreign decrees)—iin sub-paragraph (1)—aaomit from beginning of head (a) to “those regulations and”,bbin sub-head (i), after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,iiin sub-paragraph (2), in head (a), omit “paragraph (a) or (b) of”, andfin paragraph 7 (supplementary provision), in sub-paragraph (2), omit “, if entertaining the proceedings would not contravene regulations under paragraph 2”.Amendment of the Family Law Act 198621The Family Law Act 1986 is amended as follows.2In section 14 (power of court to refuse application or sist proceedings) in subsection (2)—aat the end of paragraph (b) insert “ or ”,bomit paragraph (c), andcin the words following paragraph (d), omit “Article 15 of the Council Regulation or” and “of the Council Regulation”.3In section 15 (duration, variation and recall of orders) in subsection (1)(b) omit “or by virtue of the Council Regulation”.4In section 17A , omit “Sections 2 and 3 of Chapter II of the Council Regulation and are subject to”.5In section 26 (recognition: special Scottish rule), omit subsection (2).6In section 42 (general interpretation of Part 1), in subsection (1), omit the definition of “the Council Regulation”.7In section 45 (recognition in the United Kingdom of overseas divorces, annulments and legal separations)—ain subsection (1) omit “subsection (2) of this section and to”, andbomit subsection (2).8In section 54 (interpretation of Part 2), in subsection (1), omit the definition of “the Council Regulation”.Amendment of the Children (Scotland) Act 19953In section 14 of the Children (Scotland) Act 1995 (jurisdiction and choice of law in relation to certain matters), omit subsection (5).Amendment of the Civil Partnership Act 200441The Civil Partnership Act 2004 is amended as follows.2Omit section 219 (power to make provision corresponding to EC Regulation 2201/2003).3In section 225 (jurisdiction of Scottish courts)—ain subsection (1)—iafter “if (and only if)” insert “ either civil partner ”,iifor paragraphs (a) and (b), substitute—ais domiciled in Scotland on the date when proceedings are begun, orbwas habitually resident in Scotland throughout the period of one year ending with that date, or, andiiiin paragraph (c)(ii) omit “under section 219 regulations”,bin subsection (3)—ifor paragraphs (a) and (b) substitute—aeither of the ostensible civil partners—iis domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, oriidied before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, or,iiin paragraph (c)(ii) omit “under section 219 regulations”.4In section 227 (Scottish ancillary and collateral orders)—ain subsection (3), for “Subject to subsection (3A) if”, substitute “ If ”,bomit subsection (3A).5In section 234 (recognition in the UK of overseas dissolution, annulment or separation)—ain subsection (1)—ifor “Subject to subsection (2), the”, substitute “ The ”, andiifor “the United Kingdom” substitute “ Scotland ”,bomit subsection (2), andcin subsection (3), for “subsections (1) and (2)”, substitute “ subsection (1) ”.SCHEDULE 2Revocation and amendment of secondary legislation Regulation 5Revocation of the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 20051The European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations 2005 are revoked.Revocation of the Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 20052The Civil Partnership (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2005 are revoked.Amendment of the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 201031The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 are amended as follows.2In regulation 2 (interpretation), omit the definitions of “the Council Regulation” and “member State”.3Omit regulation 6 (application of Article 15).4Omit regulation 10 (requests for information under Council Regulation).5In regulation 12 (local authorities and Children's Hearings: placement of child in another Contracting State)—ain paragraph (1)—iin sub-paragraph (a), omit “, or”, andiiomit sub-paragraph (b),bin paragraph (2)—iin sub-paragraph (a), omit “, or”, andiiomit sub-paragraph (b), andcin paragraph (3)—iomit “or Articles 8 to 14 of the Council Regulation, as the case may be”,iiin sub-paragraph (a) omit “, or”, andiiiomit sub-paragraph (b).Revocation of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 20144The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) (Scotland) Regulations 2014 are revoked.

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular to address reciprocal arrangements which no longer exist and are no longer appropriate) arising from the withdrawal of the UK from the European Union.

Regulation 3 revokes Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility which is retained direct EU legislation in terms of the 2018 Act. Regulation 4 and schedule 1 amend primary legislation and regulation 5 and schedule 2 revoke and amend secondary legislation, in both cases to reflect the revocation of the Council Regulation. The legislation amended relates to jurisdiction and recognition of judgments in matrimonial matters for opposite and same sex couples and for civil partners. Regulation 6 makes saving and transitional provision for matters arising before exit day.

The Scottish Government has prepared for these Regulations and is publishing on its website, a Business and Regulatory Impact Assessment, an Equality Impact Assessment and a Child Rights and Wellbeing Impact Assessment.

2018 c.16.1973 c.45.Section 7 was amended by the Presumption of Death (Scotland) Act 1977, (c.27), section 19 and schedule 2, the Family Law (Scotland) Act 2006, (asp 2), section 37(2) and schedule 2, paragraph 1, S.S.I. 2001/36 and S.S.I. 2005/42.Section 8 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), sections 6(1), 7(4) and schedule 1, paragraph 18, the Family Law (Scotland) Act 2006, (asp 2), section 37(3), the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, (asp 15), section 15, the Marriage and Civil Partnership (Scotland) Act 2014, (asp 5), section 23, S.S.I. 2001/36 and S.S.I. 2005/42.Section 10 was amended by the Children (Scotland) Act 1995, (c.36), schedule 4, paragraph 20(2), S.I. 2011/1484 and is amended by the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/  .Subsection (1B) was added by S.S.I. 2001/36 and amended by S.S.I. 2005/42.Subsection (1BA) was added by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), schedule 1, paragraph 1(3).Section 11 was amended by S.S.I. 2005/42.Section 12 was amended by S.S.I. 2001/36 and S.S.I. 2005/42.Schedule 1B was inserted by the Marriage and Civil Partnership (Scotland) Act 2014, (asp 5), schedule 1, paragraph 1(4).1986 c.55.Section 14 was amended by the Children Act 1989 (c.41), schedule 13, paragraph 62(2)(a), S.S.I. 2005/42 and S.S.I. 2010/213.Section 15 was amended by the Children Act 1989 (c.41), schedule 13, paragraph 62(2)(a), the Children (Scotland) Act 1995 (c.36), schedule 4, paragraph 41(4) and schedule 5, paragraph 1 and S.S.I. 2001/36.Section 17A was inserted by S.S.I. 2005/42 and amended by S.S.I. 2010/213.Section 26(2) was inserted by S.S.I. 2001/36 and amended by S.S.I. 2005/42.Section 42 was amended by S.S.I. 2005/623 and S.S.I. 2010/213.Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.The definition in section 54(1) was inserted by S.S.I. 2005/42.1995 c.36, section 14(5) was added by S.S.I. 2005/42.2004 c.33.Section 227 was amended by S.I. 2011/1484 and is amended by the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 S.I. 2019/  .S.S.I. 2005/42.S.S.I. 2005/629.S.S.I. 2010/213.Regulation 2 was amended by S.S.I. 2013/147.Regulation 10 was amended by S.S.I. 2013/147 and S.S.I. 2011/211.Regulation 12 was amended by S.S.I. 2013/147.S.S.I. 2014/362.Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Sch. 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. 1Sch. 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. 1Sch. 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. 1Sch. 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. 1Sch. 2 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. 1Sch. 2 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. 1Sch. 2 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. 1Sch. 2 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. 1Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1Reg. 6 substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 16