…CJJA: supplementary provisions

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s 47 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.

(1) Her Majesty may by Order in Council--

(a) make such provision as Her Majesty considers appropriate for the purpose of bringing the law of any part of the United Kingdom into accord with the Brussels Conventions as affected by any principle laid down by the European Court in connection with the Brussels Conventions or by any decision of that court as to the meaning or effect of any provision of the Brussels Conventions; or

(b) make such modifications of Schedule 4 or Schedule 8, or of any other statutory provision affected by any provision of either of those Schedules, as Her Majesty considers appropriate in view of any principle laid down by the European Court in connection with Title II of the 1968 Convention or of any decision of that court as to the meaning or effect of any provision of that Title.

(2) The provision which may be made by virtue of paragraph (a) of subsection (1) includes such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate for the purpose mentioned in that paragraph.

(3) The modifications which may be made by virtue of paragraph (b) of subsection (1) include modifications designed to produce divergence between any provision of Schedule 4 or Schedule 8 and a corresponding provision of Title II of the 1968 Convention as affected by any such principle or decision as is mentioned in that paragraph.

(4) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

s 48 Matters for which rules of court may provide.

(1) Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act, the Lugano Convention or the Brussels Conventions or the Regulation.

(2) Rules of court may make provision as to the manner in which and the conditions subject to which a certificate or judgment registered in any court under any provision of this Act or the Regulation may be enforced, including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

(3) Without prejudice to the generality of subsection (1) and (2), the power to make rules of court for magistrates' courts, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of the Lugano Convention, the Brussels Conventions, the Regulation and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters--

(a) authorising the service in another Contracting State or Regulation State of process issued by or for the purposes of a magistrates' court and the service and execution in England and Wales or Northern Ireland of process issued in another Contracting State or Regulation State;

(b) requesting courts in other parts of the United Kingdom or in other Contracting States or Regulation States to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

(c) the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

(d) the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

(e) the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State or Regulation State, or by a judge or official of such a court, which purport--

(i) to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

(ii) to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not, in response to any such request as is mentioned in paragraph (b); or

(iii) to record information relating to the payments made under an order of that court;

(f) the circumstances and manner in which a magistrates' court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

(g) the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States or Regulation States are to be informed of orders made, or other things done, by or for the purposes of a magistrates' court;

(h) the circumstances and manner in which a magistrates' court may communicate for other purposes with such courts;

(i) the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

(4) Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

s 49 Saving for powers to stay, sist, strike out or dismiss proceedings.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention or, as the case may be, the Lugano Convention.

s 50 Interpretation: general.

In this Act, unless the context otherwise requires--

"the Accession Convention', 'the 1982 Accession Convention', 'the 1989 Accession Convention' and 'the 1996 Accession Convention' have the meaning given by section 1(1) ;

"Article' and references to sub-divisions of numbered Articles are to be construed in accordance with section 1(2)(b) ;

"association' means an unincorporated body of persons;

"Brussels Contracting State' has the meaning given by section 1(3) ;

"the Brussels Conventions' has the meaning given by section 1(1) ;

"Contracting State' has the meaning given by section 1(3) ;

"the 1968 Convention' has the meaning given by section 1(1) , and references to that Convention and to provisions of it are to be construed in accordance with section 1(2)(a) ;

"corporation' means a body corporate, and includes a partnership subsisting under the law of Scotland;

"court', without more, includes a tribunal;

"court of law', in relation to the United Kingdom, means any of the following courts, namely--

(a) the House of Lords,

(b) in England and Wales or Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates' court,

(c) in Scotland, the Court of Session and a sheriff court;

"the Crown' is to be construed in accordance with section 51(2) ;

"enactment' includes an enactment comprised in Northern Ireland legislation;

"judgment', subject to sections 15(1) and 18(2) and to paragraph 1 of Schedules 6 and 7 , means any judgment or order (by whatever name called) given or made by a court in any civil proceedings;

"Lugano Contracting State' has the meaning given by section 1(3) ;

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

"modifications' includes additions, omissions and alterations;

"overseas country" means any country or territory outside the United Kingdom;

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

"the 1971 Protocol' has the meaning given by section 1(1), and references to that Protocol and to provisions of it are to be construed in accordance with section 1(2)(a) ;

"the Regulation' has the meaning given by section 1(1);

"Regulation State' has the meaning given by section 1(3);

"rules of court', in relation to any court, means rules, orders or regulations made by the authority having power to make rules, orders or regulations regulating the procedure of that court, and includes--

(a) in Scotland, Acts of Sederunt;

(b) in Northern Ireland, Judgment Enforcement Rules;

"statutory provision' means any provisions contained in an Act, or in any Northern Ireland legislation, or in--

(a) subordinate legislation (as defined in section 21(1) of the Interpretation Act 1978); or

(b) any instrument of a legislative character made under any Northern Ireland legislation;

"tribunal' --

(a) means a tribunal of any description other than a court of law;

(b) in relation to an overseas country, includes, as regards matters relating to maintenance within the meaning of the 1968 Convention, any authority having power to give, enforce, vary or revoke a maintenance order.

s 51 Application to Crown.

(1) This Act binds the Crown.

(2) In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

s 52 Extent.

(1) This Act extends to Northern Ireland.

(2) Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say--

(a) the Isle of Man;

(b) any of the Channel Islands;

(c) any colony.

s 53 Commencement, transitional provisions and savings.

(1) This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

(2) The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

s 54 [Repeals enactments specified in Schedule 14]

s 55 Short title.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

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