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The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

Amendment of the Family Law Act 1986

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15.—(1) The Family Law Act 1986(1) is amended as follows.

(2) In section 2 (jurisdiction: general)—

(a)in subsections (1)(a), (2C)(a) and (3)(a), omit “the Council Regulation or”;

(b)in subsections (1)(b), (2C)(b) and (3)(b), for the words from “neither” to “applies” substitute “the Hague Convention does not apply”.

(3) In section 5 (power of court to refuse application or stay proceedings)—

(a)in subsection (2)—

(i)at the end of paragraph (b) insert “or”;

(ii)omit paragraph (c) and the “or” following it;

(iii)in the words after subsection (d), omit “Article 15 of the Council Regulation or”;

(b)omit subsection (3A);

(c)in subsection (3B)—

(i)omit “or (3A)”;

(ii)omit “, (3A)”;

(d)in subsection (4), omit “so far as it relates to proceedings not governed by the Council Regulation”.

(4) In section 19 (jurisdiction: general)—

(a)in subsections (1)(a) and (3)(a), omit “the Council Regulation or”;

(b)in subsections (1)(b) and (3)(b), for the words from “neither” to “applies” substitute “the Hague Convention does not apply”.

(5) In section 22 (power of court to refuse application or stay proceedings)—

(a)in subsection (2)—

(i)at the end of paragraph (b) insert “or”;

(ii)omit paragraph (c);

(iii)in the words after subsection (d), omit “Article 15 of the Council Regulation or”;

(b)omit subsection (3A);

(c)in subsection (4), omit “so far as it relates to proceedings not governed by the Council Regulation”.

(6) In section 42 (general interpretation of Part I), in subsection (1), omit the definition of “the Council Regulation”.

(7) In section 45—

(a)in subsection (1), omit “subsection (2) of this section and to”;

(b)omit subsection (2).

(8) In section 54, in subsection (1), omit the definition of “the Council Regulation”.

(1)

1986 c. 55. Section (2C) was inserted by section 9(6) of the Children and Families Act 2014 (c. 6). The other relevant amending instruments are S.I. 1995/755, 2005/265, 2010/1898.

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