The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

JurisdictionScotland
CitationSSI 2019/104
  • These Regulations may be cited as the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples) ) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force on exit day.
  • In these Regulations—
  • Council Regulation No. 2201/2003 is revoked.
  • Schedule 1 has effect.
  • Schedule 2 has effect.
  • Nothing in these Regulations affects the application of paragraphs 1, 2(b) and 3(a) of Article 67 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of those paragraphs as if the amendments and revocations had not been made.
  • The Domicile and Matrimonial Proceedings Act 1973 after “if (and only if) ”, insert “ either of the parties to the marriage ”, andfor paragraphs (a) and (b) substitute—
    • (a) is domiciled in Scotland on the date when the action is begun, or
    • (b) was habitually resident in Scotland throughout the period of one year ending with that date.
    ,
    is domiciled in Scotland on the date when the action is begun, orwas habitually resident in Scotland throughout the period of one year ending with that date.after “if (and only if) ” insert “ either of the parties to the marriage ”,omit the first paragraphs (a) and (b) ,for the second paragraphs (a) and (b) substitute—
    • (a) is domiciled in Scotland on the date when the action is begun,
    • (b) was habitually resident in Scotland throughout the period of one year ending with that date, or
    • (c) died before that date and either—(i) was at death domiciled in Scotland, or(ii) had been habitually resident in Scotland throughout the period of one year ending with the date of death.
    ,
    is domiciled in Scotland on the date when the action is begun,was habitually resident in Scotland throughout the period of one year ending with that date, orwas at death domiciled in Scotland, orhad been habitually resident in Scotland throughout the period of one year ending with the date of death.omit subsection (3B) ,omit subsection (5A) , andin subsection (9) for “a member state of the European Union” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”.omit “or for declarator of recognition, or non-recognition, of a relevant foreign decree”,for paragraph (a) substitute—
    • (a) either of the parties to the marriage—(i) is domiciled in Scotland on the date when the action is begun, or(ii) was habitually resident in Scotland throughout the period of one year ending with that date, and
    ,
    is domiciled in Scotland on the date when the action is begun, orwas habitually resident in Scotland throughout the period of one year ending with that date, andafter “marriage” where it first occurs insert “ or for declarator of recognition, or non-recognition, of a relevant foreign decree ”,for paragraph (b) substitute—
    • (b) either party to the marriage—(i) is domiciled in Scotland on the date when the action is begun,(ii) was habitually resident in Scotland throughout the period of one year ending with that date, or(ii) died before that date and either–(A) was at death domiciled in Scotland, or(B) had been habitually resident in Scotland throughout the period of one year ending with the date of death.
    ,
    is domiciled in Scotland on the date when the action is begun,was habitually resident in Scotland throughout the period of one year ending with that date, orwas at death domiciled in Scotland, orhad been habitually resident in Scotland throughout the period of one year ending with the date of death.omit subsections (2B) , (2C) and (2D) ,omit subsection (3A) , andin subsection (4) omit “, provided that entertaining the action would not contravene Article 6 of the Council Regulation”.In section 10 In section 11 In section 12 in paragraph 1(3) , in the definition of “relevant foreign decree” for “a member State” substitute “ the United Kingdom, the Channel Islands and the Isle of Man ”,omit paragraph 2 (power to make provision corresponding to EC Regulation 2201/2003) ,in sub-paragraph (1) , after “if (and only if) ” insert “ either of the parties to the marriage ”,for sub-paragraph (1) (a) and (b) , substitute—
    • (a) is domiciled in Scotland on the date when the proceedings are begun, or
    • (b) was habitually resident in Scotland throughout the period of one year ending with that date.
    , and
    is domiciled in Scotland on the date when the proceedings are begun, orwas habitually resident in Scotland throughout the period of one year ending with that date.in sub-paragraph (3) (b) , omit “under regulations under paragraph 2”,omit from beginning of head (a) to “those regulations and”,in sub-head (i) , after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,in sub-paragraph (2) , in head (a) , omit “paragraph (a) or (b) of”,in sub-paragraph (3) , in head (b) , omit “under regulations under paragraph 2”,omit from beginning of head (a) to “those regulations and”,in sub-head (i) , after “proceedings are begun”, insert “ , or was habitually resident in Scotland throughout the period of one year ending with that date ”,in sub-paragraph (2) , in head (a) , omit “paragraph (a) or (b) of”, andin paragraph 7 (supplementary provision) , in sub-paragraph (2) , omit “, if entertaining the proceedings would not contravene regulations under paragraph 2”.The Family Law Act 1986 at the end of paragraph (b) insert “ or ”,omit paragraph (c) , andin the words following paragraph (d) , omit “Article 15 of the Council Regulation or” and “of the Council Regulation”.In section 15 In section 17A In section 26 In section 42 in subsection (1) omit “subsection (2) of this section and to”, andomit subsection (2) .In

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