The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015

Provisional and protective measures in Scotland in the absence of substantive proceedings

14.—(1) Section 27 (provisional and protective measures in Scotland in the absence of substantive proceedings)(1) is amended as follows.

(2) In subsection (2)(a) after “Maintenance Regulation State” insert “, in another 2005 Hague Convention State”.

(3) In subsection (2)(b)—

(a) for “or is within the scope of the Maintenance Regulation” substitute “, is within scope of the Maintenance Regulation”; and

(b) after “that Regulation” insert “or is within the scope of the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention”.

(4) In subsection (3)(a)—

(a) for “or Lugano Contracting State” substitute “, Lugano Contracting State”; and

(b) at the end insert “or a 2005 Hague Convention State”.

(5) In subsection (3)(b), at the end insert “or the 2005 Hague Convention as determined by Articles 1 and 2 of that Convention”.

(6) In subsection (3)(d)—

(a) for “or Maintenance Regulation State” substitute “, Maintenance Regulation State”; and

(b) at the end insert “or a 2005 Hague Convention State”.

(1)

Section 27 was amended by section 3 of, and Schedule 2 paragraph 12 to, the Civil Jurisdiction and Judgments Act 1991, section 226 of, and Schedule 5 paragraph 12 to, the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3), S.I. 2001/3929 and 2011/1484.