Explanatory Note
(This note is not part of the Regulations)
These Regulations ensure that rights, powers, liabilities, obligations, restrictions, remedies and procedures (“rights etc”) derived from the 2007 Lugano Convention (“the Convention”) continue to have effect after the end of 2023 in certain circumstances, despite the repeal of section 4 of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) by section 2 of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”).
Section 4 of the 2018 Act, together with regulations 92 and 93 of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, provides that, despite the rights etc derived from the Convention being ceased by regulation 82, those rights etc continue to be recognised and available in domestic law in the circumstances specified in regulation 92 subject to the modifications made by regulation 93. Section 2 of the 2023 Act will revoke section 4 of the 2018 Act at the end of 2023, which would cause the saved rights etc derived from the Convention to cease. These Regulations make further saving provision so that these rights etc continue to have effect after the end of 2023.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.