…CJJA: recognition and enforcement

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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.

SUPPLEMENTARY PROVISIONS AS TO RECOGNITION AND ENFORCEMENT OF JUDGMENTS

s 4 Enforcement of judgments other than maintenance orders.

(1) A judgment, other than a maintenance order, which is the subject of an application under Article 31 of the 1968 Convention or of the Lugano Convention for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court.

In this subsection "the appropriate court" means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).

(2) Where a judgment is registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(3) A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if it was a judgment which had been originally given by the registering court and had (where relevant) been entered.

(4) Subsection (3) is subject to Article 39 (restriction of enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.

Enforcement of judgments other than maintenance orders (section 4)

2. - (1) Where a judgment is registered under the Regulation, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(2) A judgment registered under the Regulation shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(3) Sub-paragraph (2) is subject to Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired), to paragraph 5 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the Regulation may be enforced.

s 5 Recognition and enforcement of maintenance orders.

(1) The function of transmitting to the appropriate court an application under Article 31 of the 1968 Convention or of the Lugano Convention for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged--

(a) as respects England and Wales and Northern Ireland, by the Lord Chancellor; and

(b) as respects Scotland, by the Scottish Ministers.

In this subsection "the appropriate court" means the magistrates' court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.

(2) Such an application shall be determined in the first instance by the prescribed officer of that court.

(3) Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

(4) A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if it was an order which had been originally made by the registering court.

(5) Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

(5A) A maintenance order which by virtue of this section is enforceable by a magistrates' court in England and Wales shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 1980 specified in subsections (5B) and (5C) below, be enforceable in the same manner as a magistrates' court maintenance order made by that court.

In this subsection 'magistrates' court maintenance order' has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

(5B) […]

(5C)[…]

(6) A maintenance order which by virtue of this section is enforceable by a magistrates' court in Northern Ireland shall be enforceable in the same manner as an affiliation order made by that court.

(7) The payer under a maintenance order registered under this section in a magistrates' court in England and Wales or Northern Ireland shall give notice of any change of address to the proper officer of that court.

A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8) In subsection (7) "proper officer" means--

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court.

Recognition and enforcement of maintenance orders (section 5)

     3.  - (1) The Secretary of State's function (under Article 39 and Annex II) of transmitting an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38) to a magistrates' court shall be discharged - 

(a) as respects England and Wales and Northern Ireland, by the Lord Chancellor;
(b) as respects Scotland, by the Scottish Ministers.

    (2) Such an application shall be determined in the first instance by the prescribed officer of the court having jurisdiction in the matter.

    (3) A maintenance order registered under the Regulation shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.

    (4) Sub-paragraph (3) is subject to Article 47 (restriction on enforcement where appeal pending or time for appeal unexpired), to paragraph 5 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under the Regulation may be enforced.

    (5) A maintenance order which by virtue of the Regulation is enforceable by a magistrates' court in England and Wales shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 1980 specified in sections 5(5B) and 5(5C) of the Act[, be enforceable in the same manner as a magistrates' court maintenance order made by that court.

In this sub-paragraph "magistrates' court maintenance order" has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

    (6) A maintenance order which by virtue of the Regulation is enforceable by a magistrates' court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in section 5(6A) of the Act, be enforceable as an order made by that court to which that Article applies.

    (7) The payer under a maintenance order registered under the Regulation in a magistrates' court in England and Wales or Northern Ireland shall give notice of any changes of address to the proper officer of that court.

A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (8) In sub-paragraph (7) "proper officer" means - 

(a) in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and
(b) in relation to a magistrates' court in Northern Ireland, the clerk of the court.

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