The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/1215

2011 No. 1215

Judgments

The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011

Made 5th May 2011

Laid before Parliament 5th May 2011

Coming into force 27th May 2011

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to private international law2, makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act.

Citation, commencement and extent
S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011, and shall come into force on 27th May 2011.

(2) Regulation 2 extends to England and Wales only.

(3) Regulations 3 to 7 extend to England and Wales, Scotland and Northern Ireland.

Amendments to the Magistrates’ Courts Act 1980
S-2 Amendments to the Magistrates’ Courts Act 1980

Amendments to the Magistrates’ Courts Act 1980

2. In section 65 of the Magistrates’ Courts Act 19803(meaning of family proceedings)—

(a) in subsection (1)—

(i) after paragraph (r) insert—

“(ra)

“(ra) Council Regulation (EC) No 4/20094including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark5;”;

(ii) in paragraphs (i) and (ii) (following the words “it does not include—”), for “or registered” substitute “, registered or enforceable”;

(b) in subsection (2)(a), for “and (r)” substitute “, (r) and (ra)”;

(c) in subsection (2)(a) and (b), for “or registered” substitute “, registered or enforceable”.

Amendments to the Civil Jurisdiction and Judgments Act 1982

Amendments to the Civil Jurisdiction and Judgments Act 1982

S-3 The Civil Jurisdiction and Judgments Act 1982 is amended as...

3. The Civil Jurisdiction and Judgments Act 19826is amended as follows.

S-4 Section 1 (interpretation of references to the Conventions and...

4.—(1) Section 1 (interpretation of references to the Conventions and Contracting States) is amended as follows.

(2) In subsection (1) after the definition of “the Lugano Convention” insert—

““the Maintenance Regulation” means Council Regulation (EC) No 4/2009including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;”.

(3) In subsection (3) after the definition of “Brussels Contracting State” insert—

““Maintenance Regulation State”, in any provision, in the application of that provision in relation to the Maintenance Regulation means a Member State;”.

S-5 Section 48 (matters for which rules of court may provide) is...

5.—(1) Section 48 (matters for which rules of court may provide) is amended as follows.

(2) In subsection (1), at the end insert “or the Maintenance Regulation”.

(3) In subsection (2), for the words from “certificate or judgment” to “may be enforced,” substitute—

“certificate or judgment—

(a)

(a) which has been registered in any court under any provision of this Act or the Regulation,

(b)

(b) which is enforceable in the United Kingdom by virtue of Section 1 of Chapter IV of the Maintenance Regulation, or

(c)

(c) which has been registered for the purposes of Section 2 of that Chapter,

may be enforced,”.

(4) In subsection (3)—

(a)

(a) in the opening words, after “the Regulation” insert “, the Maintenance Regulation”;

(b)

(b) in paragraph (a) for “or Regulation State”, in both places, substitute “, Regulation State or Maintenance Regulation State”;

(c)

(c) in paragraph (b) for “or Regulation States” substitute “, Regulation States or Maintenance Regulation States”;

(d)

(d) in paragraph (e) for “or Regulation State” substitute “, Regulation State or Maintenance Regulation State”;

(e)

(e) in paragraph (g) for “or Regulation States” substitute “, Regulation States or Maintenance Regulation States”.

S-6 In section 50 (interpretation:...

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