The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
2019 No. 479
Exiting The European Union
Private International Law
The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
Made 4th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before, and approved by, a resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
(2) Subject to paragraph (3), these Regulations extend to England and Wales, Scotland and Northern Ireland.
(3) Any amendment made by these Regulations has the same extent as the provision it amends.
PART 2
Amendment of primary legislation
Administration of Justice Act 1970
2. In the Administration of Justice Act 19702, in Schedule 8 (maintenance orders for the purpose of the Maintenance Orders Act 1958), omit paragraphs 13 and 13A.
Attachment of Earnings Act 1971
3. In the Attachment of Earnings Act 19713, in Schedule 1 (maintenance orders to which this Act applies)—
(a) omit paragraph 13 (orders under Part 1 of the Civil Jurisdiction and Justice Act 1982);
(b) omit paragraph 14 (orders under Council Regulation (EC) No 44/2001).
Civil Jurisdiction and Judgments Act 1982
4. The Civil Jurisdiction and Judgments Act 19824is amended as follows.
5. For the italic cross-heading preceding section 1 substitute “Interpretation”.
6.—(1) Section 1 (interpretation of references to the Brussels and other Conventions and Contracting States) is amended as follows.
(2) In subsection (1)—
(a)
(a) omit the definitions of—
(i) “the 1996 Accession Convention”;
(ii) “the Brussels Conventions”;
(iii) “the Lugano Convention”;
(b)
(b) in the definition of “the Regulation”—
(i) omit “as amended from time to time and”; and
(ii) after “p4)”, insert “as that Regulation had effect and was applied immediately before exit day”.
(3) Omit subsection (2).
(4) In subsection (3)—
(a)
(a) in the definition of “Contracting State”, omit paragraphs (a) and (b);
(b)
(b) omit the definition of “Brussels Contracting State”;
(c)
(c) omit the definitions of—
(i) “State bound by the Lugano Convention”;
(ii) “Regulation State”.
(5) Omit subsection (4).
7. Omit section 2 (the Brussels Conventions to have the force of law).
Omit section 3 (interpretation of the Brussels Conventions).
8. Omit section 3 (interpretation of the Brussels Conventions).
9. In the italic cross-heading preceding section 4, omit “Supplementary”.
10. Omit section 4 (enforcement of judgments, other than maintenance orders, under the 1968 Convention).
11. Omit section 4A (enforcement of judgments, other than maintenance orders, under the Lugano Convention).
12. Omit section 5 (recognition and enforcement of maintenance orders: applications under Article 31 of the 1968 Convention).
13. Omit section 5A (recognition and enforcement of maintenance orders under the Lugano Convention).
14. Omit section 6 (appeals under Articles 37(2) and 41 of the 1968 Convention).
15. Omit section 6A (appeals under Article 44 and Annex IV of the Lugano Convention).
16.—(1) Section 7 (interest on registered judgments) is amended as follows.
(2) In subsection (1)—
(a)
(a) omit “Subject to subsection (4),”;
(b)
(b) omit “4, 4A,”;
(c)
(c) omit “, 5 or 5A”;
(d)
(d) omit “apart from section 4(2),”.
(3) Omit subsection (3).
(4) Omit subsection (4).
(5) In subsection (5)—
(a)
(a) omit “Except as mentioned in subsection (4),”;
(b)
(b) omit “4, 4A,”;
(c)
(c) omit “, 5 or 5A”.
17. Omit section 8 (currency of payment under registered maintenance orders).
18.—(1) Section 9 (provisions supplementary to Title VII of the 1968 Convention) is amended as follows.
(2) In the heading, for “Provisions supplementary to Title VIII of 1968 Convention” substitute “Provisions supplementary to Article 26 of the 2005 Hague Convention”.
(3) In subsection (1)—
(a)
(a) omit the words from the beginning to “Lugano Convention and”;
(b)
(b) for “the Convention in question” substitute “the 2005 Hague Convention”.
19. Omit section 10 (allocation within UK of jurisdiction with respect to trusts and consumer contracts where section 16 does not apply).
20. Omit section 11 (proof and admissibility of certain judgments and related documents).
21. Omit section 11A (proof and admissibility of certain judgments and related documents for the purposes of the Lugano Convention).
22. In section 12 (provision for issue of copies of, and certificates in connection with, UK judgments), omit “the 1968 Convention, the Lugano Convention or”.
23. Omit section 13 (modifications to cover authentic instruments and court settlements).
24. Omit section 14 (modifications consequential on revision of the Brussels Conventions).
25.—(1) Section 15 (interpretation of Part 1 and consequential amendments) is amended as follows.
(2) In subsection (1)—
(a)
(a) in the definition of “judgment”, omit the words from “Article 25” to “Lugano Convention or”;
(b)
(b) omit the definition of “maintenance order”;
(c)
(c) omit the definition of “payer”.
(3) In subsection (2)—
(a)
(a) omit “4, 4A,”;
(b)
(b) omit “, 5 or 5A”.
(4) In subsection (3), omit the words from “the 1968” to “Lugano Convention or”.
26. Before section 16, insert—
“Jurisdiction in consumer and employment matters(15A) Scope of sections 15B to 15E(1) Sections 15B to 15E make provision about the jurisdiction of courts in the United Kingdom—(a) in matters relating to consumer contracts where the consumer is domiciled in the United Kingdom;(b) in matters relating to individual contracts of employment.(2) Sections 15B and 15C apply only if the subject-matter of the proceedings and the nature of the proceedings are within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation would have had effect before exit day in relation to the proceedings).(3) Sections 15B to 15E do not apply to proceedings of a description listed in Schedule 5 or to proceedings in Scotland under an enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.(15B) Jurisdiction in relation to consumer contracts(1) This section applies in relation to proceedings whose subject-matter is a matter relating to a consumer contract where the consumer is domiciled in the United Kingdom.(2) The consumer may bring proceedings against the other party to the consumer contract—(a) where the other party to the consumer contract is domiciled in the United Kingdom, in the courts of the part of the United Kingdom in which the other party to the consumer contract is domiciled, or(b) in the courts for the place where the consumer is domiciled (regardless of the domicile of the other party to the consumer contract).(3) Proceedings may be brought against the consumer by the other party to the consumer contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.(4) Subsections (2) and (3) are subject to rule 11 of Schedule 4 (and rule 14 of Schedule 4 has effect accordingly).(5) Subsections (2) and (3) do not affect—(a) the right (under rule 5(c) of Schedule 4 or otherwise) to bring a counterclaim in the court in which, in accordance with subsection (2) or (3), the original claim is pending,(b) the operation of rule 3(e) or (h)(ii) of Schedule 4, or(c) the operation of any other rule of law which permits a person not domiciled in the United Kingdom to be sued in the courts of a part of the United Kingdom.(6) Subsections (2) and (3) may be departed from only by an agreement—(a) which is entered into after the dispute has arisen,(b) which allows the consumer to bring proceedings in courts other than those indicated in this section, or(c) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or...
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