The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

Statutory Instruments

2000 No. 1824

JUDGMENTS

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

Made

12th July 2000

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of July 2000

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters(1) was signed on 27th September 1968:

And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities(2) was signed on 3rd June 1971:

And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention(3) signed by Her Majesty’s Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty’s Government and entered into force for the United Kingdom on 1st January 1987:

And whereas the Civil Jurisdiction and Judgments Act 1982(4) gave the force of law to these Conventions and to the Protocol in the United Kingdom:

And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of any of the Brussels Conventions(5) including in particular any revision connected with the accession to the 1968 Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

And whereas a Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention(6) was signed on 29th November 1996, and in consequence Her Majesty’s Government in the United Kingdom has agreed to a revision of the above mentioned Conventions and Protocol:

And whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters(7) was opened for signature at Lugano on 16th September 1988 and signed by Her Majesty’s Government on 18th September 1989:

And whereas the Civil Jurisdiction and Judgments Act 1982(8), as amended by the Civil Jurisdiction and Judgments Act 1991(9) gave the force of law to that Convention in the United Kingdom:

And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of the Lugano Convention(10), including in particular any revision connected with the accession to the Lugano Convention of one or more further States, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

And whereas the Republic of Poland acceded to the Lugano Convention on 1st February 2000, and in consequence Her Majesty’s Government in the United Kingdom has agreed to a revision of the Lugano Convention:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

(1)

OJ No. L304, 30.10.1978, p. 36.

(2)

OJ No. L304, 30.10.1978, p. 50.

(3)

OJ No. L304, 30.10.1978, p. 1.

(4)

1982 c. 27, as amended by the Civil Jurisdiction and Judgments Act 1991 c. 12 and by S.I. 1989/1346 and 1990/2591.

(5)

“the Brussels Conventions” are defined in section 1(1) of the 1982 Act. They include the 1968 Convention, the 1971 Protocol and all subsequent accession conventions. In addition to the 1978 Convention recited, the previous Accession Conventions are the 1982 Accession Convention (Hellenic Republic), and the 1989 Accession Convention (Spain and Portugal).

(6)

OJ No. C15, 15.1.1997, p. 1.

(7)

OJ No. L304, 30.10.1978, p. 36.

(8)

1982 c. 27 amended by S.I. 1989/1346 and 1990/2591.

(9)

c. 12.

(10)

“the Lugano Convention” is defined in section 1(1) of the 1982 Act and refers to the Convention recited in this Order together with the Protocols annexed to the Convention.