UNITED KINGDOM STATUTORY INSTRUMENT
2022 No. 77
Private International Law
The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022
Made 25th January 2022
Coming into force 26th January 2022
The Secretary of State in exercise of powers conferred by sections 2(1), (9) and (12) of the Private International Law (Implementation of Agreements) Act 2020(“the Act”), and with the consent of the Scottish Ministers and the Department of Justice for Northern Ireland, makes the following Regulations.
In accordance with paragraph 2 of Schedule 6 to the Act the Secretary of State has consulted such persons as the Secretary of State thinks appropriate.
In accordance with paragraph 4(2)(d) of Schedule 6 to the Act a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022.
(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendments to the Civil Jurisdiction and Judgments Act 1982
2.—(1) The Civil Jurisdiction and Judgments Act 1982is amended as follows.
(2) In section 3D (the 2005 Hague Convention to have the force of law)—
(a)
(a) in subsection (2), for the words from “any reservations or” to the end substitute “the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts”;
(b)
(b) for subsection (3) substitute—
“
3 For convenience of reference there are set out in Schedules 3F and 3FA respectively—
(a) the English text of the 2005 Hague Convention;
(b) the declarations referred to in subsection (2).
(3) In section 3E (the 2007 Hague Convention to have the force of law) —
(a)
(a) for subsection (2) substitute—
“
2 For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020—
(a) the declaration under Article 2(3) of the Convention, concerning spousal support;
(b) the reservation under Article 44(3) of the Convention, concerning the use of French;
(c) the declaration under Article 11(1)(g) of the Convention, concerning application contents;
(d) the unilateral declaration concerning the application of the Convention.
”;
(b)
(b) for subsection (3) substitute—
“
3 For convenience of reference there are set out in Schedules 3G and 3GA respectively—
(a) the English text of the 2007 Hague Convention;
(b) the reservations and declarations referred to in subsection (2).
(4) After Schedule 3F, insert new Schedule 3FA which is set out in Schedule 1 to these Regulations.
(5) After Schedule 3G, insert new Schedule 3GA which is set out in Schedule 2 to these Regulations.
David Wolfson
Parliamentary Under Secretary of State
Ministry of Justice
25th January 2022
SCHEDULE 1
Regulation 2(4)
SCHEDULE TO BE INSERTED AS SCHEDULE 3FA TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982
SCHEDULE 3FA
Section 3D(3)(b)
DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2005 HAGUE CONVENTION
DECLARATIONS CONCERNING INSURANCE CONTRACTS
The United Kingdom of Great Britain and Northern Ireland declares, in accordance with Article 21 of the Convention, that it will not apply the Convention to insurance contracts, except as provided for in paragraph 1 below:
(1) The United Kingdom of Great Britain and Northern Ireland will apply the Convention to insurance contracts in the following cases:
(a) where the contract is a reinsurance contract;
(b) where the choice of court agreement is entered into after the dispute has arisen;
(c) where, without prejudice to Article 1(2) of the Convention, the choice of court agreement is concluded between a policyholder and an insurer, both of whom are, at the time of the conclusion of the contract of insurance, domiciled or habitually resident in the same Contracting State, and that agreement has the effect of conferring jurisdiction on the courts of that State, even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State;
(d) where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks:
(i) any loss or damage arising from perils which relate to their use for commercial purposes, of, or to:
(a) seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels;
(c) railway rolling stock;
(ii) any loss of or damage to goods in transit or baggage other than passengers’ baggage, irrespective of the form of transport;
(iii) any liability, other than for bodily injury to passengers or loss of or damage to their baggage, arising out of the use or operation of:
(a) ships, installations or vessels as referred to in point (i)(a);
(b) aircraft, in so far as the law of the Contracting State in which such aircraft are registered does not prohibit choice of court agreements regarding the insurance of such risks;
(c) railway rolling stock;
(iv) any liability, other than for bodily injury to passengers or loss of or damage to their baggage, for loss or damage caused by goods in transit or baggage as referred to in point (ii);
(v) any financial loss connected with the use or operation of ships, installations, vessels, aircraft or railway rolling stock as referred to in point (i), in particular loss of freight or charter-hire;
(vi) any risk or interest connected with any of the risks referred to in points (i) to (v);
(vii) any credit risk or suretyship risk where the policy holder is engaged professionally in an industrial or commercial activity or in one of the liberal professions and the risk relates to such activity;
(viii) any other risks where the policy holder carries on a business of a size which exceeds the limits of at least two of the following criteria:
(a) a balance-sheet total of EUR 6,2 million;
(b) a net turnover of EUR 12,8 million;
(c) an average number of 250 employees during the financial year.
(2) The United Kingdom of Great Britain and Northern Ireland declares that it may, at a later stage in the light of the experience acquired in the application of the Convention, reassess the need to maintain its declaration under Article 21 of the Convention.
SCHEDULE 2
Regulation 2(5)
SCHEDULE TO BE INSERTED AS SCHEDULE 3GA TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982
SCHEDULE 3GA
Section 3E(3)(b)
RESERVATIONS AND DECLARATIONS MADE BY THE UNITED KINGDOM IN RELATION TO THE 2007 HAGUE CONVENTION
PART 1
DECLARATION CONCERNING SPOUSAL SUPPORT
(1) Declaration referred to in Article 2(3) of the Convention:
The United Kingdom of Great Britain and Northern Ireland declares that it will extend the application of Chapters II and III of the Convention to spousal support.
PART 2
RESERVATION CONCERNING USE OF FRENCH
(2) Reservation made in accordance with Article 62 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:
The United Kingdom of Great Britain and Northern Ireland makes the following reservation provided for in Article 44(3) of the Convention:
The United Kingdom of Great Britain and Northern Ireland objects to the use of French in communications between Central Authorities.
PART 3
DECLARATION CONCERNING APPLICATION CONTENTS
(3) Declaration made in accordance with Article 63 of the Convention, at the time of ratification by the United Kingdom of Great Britain and Northern Ireland of the Convention:
The United Kingdom of Great Britain and Northern Ireland makes the following declaration referred to in Article 11(1)(g) of the Convention:
The United Kingdom of Great Britain and Northern Ireland declares that an application to it under Article 10 of the Convention, other than an application under Article 10(1)(a) and (2)(a) of the Convention, shall include the information or documents...
