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SCHEDULEConsequential Amendments

PART 1Primary legislation

The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c.24)

1.—(1) Section 1 of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947(1) (deduction from pay in respect of liabilities for maintenance, etc) is amended in accordance with this paragraph.

(2) In subsection (2A)(b), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Army Act 1955 (c.18)

2.—(1) Section 150 of the Army Act 1955(2) (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.

(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62);”.

The Air Force Act 1955 (c.19)

3.—(1) Section 150 of the Air Force Act 1955(3) (enforcement of maintenance and affiliation orders by deduction from pay) is amended in accordance with this paragraph.

(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Naval Discipline Act 1957 (c.53)

4.—(1) Section 101 of the Naval Discipline Act 1957(4) (service of proceedings for maintenance, etc) is amended in accordance with this paragraph.

(2) In subsection (5), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Maintenance Orders Act 1958 (c.39)

5.—(1) Section 1 of the Maintenance Orders Act 1958(5) (application of Part I) is amended in accordance with this paragraph.

(2) In subsection (4), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Administration of Justice Act 1970 (c.31)

6.—(1) Schedule 8 to the Administration of Justice Act 1970(6) (which lists maintenance orders for the purposes of the 1958 Act and Part II of the 1970 Act) is amended in accordance with this paragraph.

(2) In paragraph 13A, after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Attachment of Earnings Act 1971 (c.32)

7.—(1) Schedule 1 to the Attachment of Earnings Act 1971(7) (which lists maintenance orders to which that Act applies) is amended in accordance with this paragraph.

(2) In paragraph 14, after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Magistrates’ Courts Act 1980 (c.43)

8.  The Magistrates’ Courts Act 1980(8) is amended as follows.

9.  In section 65 (meaning of family proceedings), in subsection (1)(r), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

10.  In section 95 (remission of arrears and manner in which arrears to be paid), in subsection (7), in the definition of “non-English maintenance order”, in paragraph (a)(v), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Merchant Shipping (Liner Conferences) Act 1982 (c.37)

11.—(1) Section 5 of the Merchant Shipping (Liner Conferences) Act 1982(9) (liability of members of conference to be in proportion to their responsibility) is amended in accordance with this paragraph.

(2) In subsection (6), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Matrimonial and Family Proceedings Act 1984 (c.42)

12.  The Matrimonial and Family Proceedings Act 1984(10) is amended as follows.

13.  In section 15 (jurisdiction of the court), in subsection (2), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

14.  In section 28 (circumstances in which a Scottish court may entertain application for financial provision), in subsection (4), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Companies Act 1989 (c.40)

15.—(1) Section 183 of the Companies Act 1989(11) (insolvency proceedings in other jurisdictions) is amended in accordance with this paragraph.

(2) In subsection (3), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Social Security Administration Act 1992 (c.5)

16.—(1) Section 108 of the Social Security Administration Act 1992(12) (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State) is amended in accordance with this paragraph.

(2) In subsection (4)(a)(iv), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Social Security Administration (Northern Ireland) Act 1992 (c.8)

17.—(1) Section 103 of the Social Security Administration (Northern Ireland) Act 1992(13) (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) is amended in accordance with this paragraph.

(2) In subsection (4)(a)(iv), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

The Civil Partnership Act 2004 (c.33)

18.—(1) Part 2 of Schedule 11 to the Civil Partnership Act 2004(14) (circumstances in which the court may entertain an application for financial provision) is amended in accordance with this paragraph.

(2) In paragraph 2(4), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.

Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

19.—(1) Section 56 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007(15) (recognition of EU financial penalties) is amended in accordance with this paragraph.

(2) In subsection (4)(b)(ii), for “Council Regulation (EC) No 44/2001 of 22 December 2000 (as amended) on jurisdiction and the recognition of judgements in civil and commercial matters” substitute “Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)”.