Private International Law (Implementation of Agreements) Act 2020

2 Implementation of other agreements on private international law U.K.

(1) The appropriate national authority may make regulations for the purpose of, or in connection with, implementing any international agreement, as it has effect from time to time, so far as relating to private international law (a “relevant international agreement”).

(2) The appropriate national authority may make regulations for the purpose of, or in connection with, applying a relevant international agreement, with or without modifications, as between different jurisdictions within the United Kingdom.

(3) The appropriate national authority may make regulations for the purpose of, or in connection with, giving effect to any arrangements made between—

(a) Her Majesty's government in the United Kingdom, and

(b) the government of a relevant territory,

for applying a relevant international agreement, with or without modifications, as between the United Kingdom, or a jurisdiction within the United Kingdom, and that territory.

(4) Regulations under subsections (1) to (3) may only be made during the operative period.

(5) The operative period is the period of five years beginning with the day on which this Act is passed.

(6) The appropriate national authority in relation to a part of the United Kingdom may by regulations extend the operative period for that part of the United Kingdom by a period of five years.

(7) The power under subsection (6) may be exercised more than once.

(8) The operative period may not be extended for any part of the United Kingdom after it has expired in relation to that part of the United Kingdom.

(9) Regulations under this section may make—

(a) consequential, supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes or for different parts of the United Kingdom.

(10) Regulations under subsections (1) to (3) may include provision about—

(a) enforcement of obligations arising under or by virtue of the regulations;

(b) sharing of information;

(c) legal aid.

(11) Schedule 6 makes further provision about regulations under this section.

(12) In this section—

• “appropriate national authority” means—

  (a)

  in relation to England and Wales, the Secretary of State;

  (b)

  in relation to Scotland—

  (i)

  the Scottish Ministers, or

  (ii)

  the Secretary of State acting with the consent of the Scottish Ministers;

  (c)

  in relation to Northern Ireland—

  (i)

  a Northern Ireland department, or

  (ii)

  the Secretary of State acting with the consent of a Northern Ireland department;

• “international agreement” means a convention, treaty or other agreement to which the United Kingdom is, or is expected to become, a party;

• “private international law” includes rules and other provisions about—

  (a)

  jurisdiction and applicable law;

  (b)

  recognition and enforcement in one country or territory of any of the following that originate in another country or territory—

  (i)

  a judgment, order or arbitral award;

  (ii)

  an agreement, decision or authentic instrument determining or otherwise relating to rights and obligations;

  (c)

  co-operation between judicial or other authorities in different countries or territories in relation to—

  (i)

  service of documents, taking of evidence and other procedures, or

  (ii)

  anything within paragraph (a) or (b);

• “relevant international agreement” has the meaning given in subsection (1);

• “relevant territory” means—

  (a)

  the Isle of Man;

  (b)

  any of the Channel Islands;

  (c)

  a British overseas territory.

(13) This section and Schedule 6 have effect, with the following modifications, in relation to a model law adopted by an international organisation of which the United Kingdom is a member as they have effect in relation to an international agreement to which the United Kingdom is, or is expected to become, a party.

The modifications are—

(a) a reference in this section or that Schedule to implementing or applying a relevant international agreement is to be read as a reference to giving effect to the model law (with or without modifications);

(b) subsection (1) is to be read as if the words “as revised from time to time” were substituted for the words “as it has effect from time to time”.