Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/604 |
1993 No. 604
JUDGMENTS
The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993
Made 10th March 1993
Laid before Parliament 19th May 1993
Coming into force 1st April 1993
At the Court at Buckingham Palace, the 10th day of March 1993
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 13(1) of the Civil Jurisdiction and Judgments Act 19821is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 and shall come into force on 1st April 1993.
(2) In this Order—
(a)
(a) “the Act” means the Civil Jurisdiction and Judgments Act 1982,
(b)
(b) “the Convention” means a Convention mentioned in section 13 of the Act,
(c)
(c) “a Contracting State” means a Contracting State as defined in section 1 of the Act2, and
(d)
(d) references to authentic instruments and court settlements are references to those instruments and settlements referred to in Articles 50 and 51 of Title IV of the Convention.
2.—(1) Subject to the modification specified in paragraph (2), the following provisions of the Act shall apply to authentic instruments and court settlements which are not maintenance orders as if they were judgments, other than maintenance orders, to which the Convention applies—
section 43(enforcement of judgments other than maintenance orders),
section 6(1) and (2)4(appeals under Article 37 second paragraph and Article 41),
section 7(1), (2), (3) and (5) (interest on registered judgments).
(2) In the application of section 4(3) of the Act to authentic instruments and court settlements, other than maintenance orders, for the words “as if the judgment had been originally given” there shall be substituted the words “as if it was a judgment which had been originally given”.
3.—(1) Subject to the modification specified in paragraph (2), the following provisions of the Act shall apply to authentic instruments and court settlements which are maintenance orders as if they were maintenance orders to which the Convention applies—
section 55(recognition and enforcement of maintenance orders),
section 6(3),
section 7(1), (2), (4) and (5),
section 8 (currency of payment under registered maintenance orders).
(2) In the application of section 5(4) of the Act to authentic instruments and court settlements which are maintenance orders, for the words “as if the order had been originally made” there shall be substituted the words “as if it was an order which had been originally made”.
4.—(1) Subject to the modification specified in paragraph (2), section 11 of the Act6(proof and admissibility of certain judgments and related documents) shall apply to authentic instruments and court settlements as if they were judgments which had been given by courts of Contracting States other than the United Kingdom and to which the Convention applies.
(2) In the application of section 11 to authentic instruments, for subsection (2) there shall be substituted the following—
“2 A document purporting to be a copy of an authentic instrument drawn up or registered, and enforceable, in a Contracting State other than the United Kingdom is duly authenticated...
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