…CJJA: main implementing provisions

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PART I IMPLEMENTATION OF THE CONVENTIONS

Note: passages in red italics are excerpted from the Civil Jurisdiction and Judgments Order 2001, Schedule 1, which applies provisions of the Act with modifications for the purposes of the Regulation.

MAIN IMPLEMENTING PROVISIONS

s 1 Interpretation of references to the Conventions and Contracting States.

(1) In this Act--

"the 1968 Convention" means the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;

"the 1971 Protocol" means the Protocol on the Interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;

"the Accession Convention" means the Convention on the Accession to the 1968 Convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;

"the 1982 Accession Convention" means the Convention on the Accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;

"the Brussels Conventions" means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention.

"the 1989 Accession Convention" means the Convention on the Accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia--San Sebastißn on 26th May 1989,

"the 1996 Accession Convention" means the Convention on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996,

"the Conventions" means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention.

"the Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

(2) In this Act, unless the context otherwise requires--

(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention; and

(aa) references to, or to any provision of, the Lugano Convention are references to that Convention as amended on the accession to it of Poland; and

(b) any reference in any provision to a numbered Article without more is a reference--

(i) to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii) to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.

(3) In this Act--

"Brussels Contracting State" means Denmark (which is not bound by the Regulation, but was one of the parties acceding to the 1968 Convention under the Accession Convention);

"Contracting State" means -

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal), or under the 1996 Accession Convention (Austria, Finland and Sweden)

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, or being a state in respect of which the 1996 Accession Convention has entered into force in accordance with Article 16 of that Convention, as the case might be.

"Lugano Contracting State" means-

(a) one of the original parties to the Lugano Convention, that is to say Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom; or

(b) a party who has subsequently acceded to that Convention, that is to say, Poland.

"Regulation State" in any provision, in the application of that provision in relation to the Regulation, has the same meaning as "Member State" in the Regulation, that is all Members States except Denmark.

(4) Any question arising as to whether it is the Regulation, any of the Brussels Conventions, or the Lugano Convention which applies in the circumstances of a particular case shall be determined as follows--

(a) in accordance with Article 54B of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); and

(b) in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation).

Interpretation

     1.  - (1) In this Schedule - 

"court", without more, includes a tribunal;

"judgment" has the meaning given by Article 32 of the Regulation;

"magistrates' court", in relation to Northern Ireland, means a court of summary jurisdiction;

"maintenance order" means a maintenance judgment within the meaning of the Regulation;

"part of the United Kingdom" means England and Wales, Scotland or Northern Ireland;

"payer", in relation to a maintenance order, means the person liable to make the payments for which the order provides;

"prescribed" means prescribed by rules of court.

    (2) In this Schedule, any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the Regulation, and any reference to a sub-division of a numbered Article shall be construed accordingly.

    (3) References in paragraphs 2 to 8 to a judgment registered under the Regulation include, to the extent of its registration, references to a judgment so registered to a limited extent only.

    (4) Anything authorised or required by the Regulation or paragraphs 2 to 8 to be done by, to or before a particular magistrates' court may be done by, to or before any magistrates' court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.

GENERAL MATERIALS

s 2 The Conventions to have the force of law.

(1) The Brussels Conventions shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

(2) For convenience of reference there are set out in Schedules 1, 2, 3, 3A, 3B, and 3BB respectively the English texts of-

(a) the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention and by Titles II and III of the 1996 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention, by Title IV of the 1989 Accession Convention and by Title IV of the 1996 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e) Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

(f) Titles V and VI of the 1996 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention.

Note: these Schedules are not here reproduced.

s 3 Interpretation of the Conventions.

(1) Any question as to the meaning or effect of any provision of the Brussels Conventions shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

(2) Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

(3) Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely--

(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b) the report by Professor Peter Schlosser on the Accession Convention; and

(c) the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention; and

(d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,

may be considered in ascertaining the meaning or effect of any provision of the Brussels Conventions and shall be given such weight as is appropriate in the circumstances.

s 3A The Lugano Convention to have the force of law.

(1) The Lugano Convention shall have the force of law in the United Kingdom, and judicial notice shall be taken of it.

(2) For convenience of reference there is set out in Schedule 3C the English text of the Lugano Convention as amended on the accession of Poland to that Convention.

Note: this Schedule is not here reproduced.

s 3B Interpretation of the Lugano Convention.

(1) In determining any question as to the meaning or effect of a provision of the Lugano Convention, a court in the United Kingdom shall, in accordance with Protocol No. 2 to that Convention, take account of any principles laid down in any relevant decision delivered by a court of any other Lugano Contracting State concerning provisions of the Convention.

(2) Without prejudice to any practice of the courts as to the matters which may be considered apart from this section, the report on the Lugano Convention by Mr. P. Jenard and Mr. G. M÷ller (which is reproduced in the Official Journal of the Communities of 28th July 1990) may be considered in ascertaining the meaning or effect of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.

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