The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
| Year | 2005 |
2005 No. 265
JUDGMENTS, ENGLAND AND WALES
FAMILY LAW, ENGLAND AND WALES
FAMILY LAW, NORTHERN IRELAND
The European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005
Made 7th February 2005
Laid before Parliament 9th February 2005
Coming into force 1st March 2005
The Lord Chancellor, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to matters relating to jurisdiction over, and the recognition and enforcement of judgments in, matrimonial matters and in matters of parental responsibility for children, in exercise of the powers conferred on him by that section, makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005, and shall come into force on 1st March 2005.
2.—(1) Regulations 3 to 5 extend to England and Wales only.
(2) Regulations 6 and 7 extend to England and Wales and Northern Ireland only.
(3) Regulations 8 to 11 extend to England and Wales only.
(4) Regulations 12 to 15 extend to Northern Ireland only.
(5) Regulations 16 to 18 extend to England and Wales and Northern Ireland only.
(6) Regulation 19 extends to Northern Ireland only.
(7) Regulation 22 extends to England and Wales only.
(8) Regulation 23 extends to Northern Ireland only.
(9) Regulation 1, this regulation and regulations 20 and 21 extend to England and Wales and (so far as necessary) to Northern Ireland.
Amendments to the Domicile and Matrimonial Proceedings Act 1973
Amendments to the Domicile and Matrimonial Proceedings Act 19732
3.—(1) Amend section 5 (jurisdiction of High Court and county court) as follows.
(2) In subsection (1A), for the definition of “the Council Regulation”, substitute—
““the Council Regulation” means Council Regulation (EC) No 2201/2003of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;”.
(3) In that subsection, in the definition of “Contracting State”, for paragraph (a) substitute—
“(a)
“(a) a party to the Council Regulation, that is to say, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Finland, Sweden and the United Kingdom, and”.
(4) Omit subsection (3A).
(5) After subsection (6) insert—
“6A Subsection (6) and Schedule 1, and any power as mentioned in subsection (6)(b), are subject to Article 19 of the Council Regulation.”.
Amendments to the Magistrates' Courts Act 1980
Amendments to the Magistrates' Courts Act 19803
4. In section 65 (meaning of “family proceedings”), after subsection (1)(r) insert—
“(s)
“(s) Council Regulation (EC) No 2201/2003of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;”.
Amendments to the Supreme Court Act 1981
Amendments to the Supreme Court Act 19814
5. In paragraph 3 of Schedule 1 (business assigned to the Family Division of the High Court), omit “and” at the end of sub-paragraph (iv) of paragraph (f) and after that sub-paragraph insert —
“(v)
“(v) Council Regulation (EC) No 2201/2003of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;”.
Amendments to the Child Abduction and Custody Act 1985
6. In section 1 (the Hague Convention), after subsection (2) insert—
“3 But—
(a) those provisions of the Convention,
(b) this Part of this Act, and
(c) rules of court under section 10 of this Act,
are subject to Article 60 of the Council Regulation (by virtue of which the Regulation takes precedence over the Hague Convention, in so far as it concerns matters governed by the Regulation).
4 “The Council Regulation” means Council Regulation (EC) No 2201/2003of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility.”.
7. In section 12 (the European Convention), for subsection (3) substitute—
“3 But—
(a) those provisions of the Convention,
(b) this Part of this Act, and
(c) rules of court under section 24 of this Act,
are subject to Article 60 of the Council Regulation (by virtue of which the Regulation takes precedence over the European Convention, in so far as it concerns matters governed by the Regulation).
4 “The Council Regulation” means Council Regulation (EC) No 2201/2003of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility.”.
Amendments to the Family Law Act 1986
8.—(1) Amend section 2 (jurisdiction of courts in England and Wales: general) as follows.
(2) For subsections (1) and (2) substitute—
“1 A court in England and Wales shall not make a section 1(1)(a) order with respect to a child unless—
(a) it has jurisdiction under the Council Regulation, or
(b) the Council Regulation does not apply but—
(i) the question of making the order arises in or in connection with matrimonial proceedings and the condition in section 2A of this Act is satisfied, or
(ii) the condition in section 3 of this Act is satisfied.”.
(3) For subsection (3) substitute—
“3 A court in England and Wales shall not make a section 1(1)(d) order unless—
(a) it has jurisdiction under the Council Regulation, or
(b) the Council Regulation does not apply but—
(i) the condition in section 3 of this Act is satisfied, or
(ii) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection.”.
9. In section 2A (jurisdiction in or in connection with matrimonial proceedings), in subsection (4), for—
(a) “in or in connection with matrimonial proceedings”, and
(b) “in or in connection with those proceedings”,
substitute “by virtue of section 2(1)(b)(i) of this Act”.
10. In section 3 (habitual residence or presence of child), in subsection (1), for “section 2(2)” substitute “section 2(1)(b)(ii)”.
11.—(1) Amend section 5 (power of court to refuse application or stay proceedings) as follows.
(2) In subsection (2), omit “other than proceedings governed by the Council Regulation,”.
(3) At the end of paragraph (b) of that subsection insert “or”
“(c)
“(c) that it should exercise its powers under Article 15 of the Council Regulation (transfer to a court better placed to hear the case),”.
(4) At the end of that subsection insert “or (as the case may be) exercise its powers under Article 15”.
(5) In subsection (3), for “in accordance with subsection (2) above” substitute “by virtue of subsection (2)(a) or (b) above”.
(6) After subsection (3), insert—
“3A The court may remove a stay granted under Article 15 of the Council Regulation only in accordance with that Article.”.
(7) In subsection (4), after “Nothing in this section” insert “so far as it relates to proceedings not governed by the Council Regulation”.
12.—(1) Amend section 19 (Northern Ireland: jurisdiction in cases other than divorce etc.) as follows.
(2) For subsections (1) and (2) substitute—
“1 A court in Northern Ireland shall not make a section 1(1)(c) order with respect to a child unless—
(a) it has jurisdiction under the Council Regulation, or
(b) the Council Regulation does not apply but—
(i) the question of making the order arises in or in connection with...
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