Legalize / United Kingdom / Statutory-Instrument

The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Type Statutory-Instrument

Publication 2011-06-13

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 13th June 2011

Laid before Parliament: 13th June 2011

Coming into force: 18th June 2011

The Secretary of State for Justice, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to private international law , makes the following Regulations in exercise of the power under section 2(2) of the European Communities Act 1972.

Citation, commencement and extent

1

(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, and shall come into force on 18th June 2011.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(3) An amendment, repeal or revocation made by these Regulations has the same extent as the enactment amended, repealed or revoked.

Interpretation

2

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The Maintenance Regulation

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Provisions relating to information

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Provisions relating to authentic instruments and court settlements

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Amendments to the Civil Jurisdiction and Judgments Act 1982

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Schedule 4 (which makes amendments to the Civil Jurisdiction and Judgments Act 1982) has effect.

Amendments to the Civil Jurisdiction and Judgments Order 2001

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Allocation of jurisdiction within the United Kingdom

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Consequential amendments

9

Schedule 7 (which makes consequential amendments) has effect.

Review

10

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SCHEDULE 1 — THE MAINTENANCE REGULATION

PART 1 — Introductory

Interpretation

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Central Authorities

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PART 2 — Recognition and enforcement of maintenance decisions made by courts in Maintenance Regulation States other than Denmark

Application of Part 2

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Enforcement of maintenance decisions

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PART 3 — Recognition and enforcement of maintenance decisions made by courts in Denmark etc

Application of Part 3

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Recognition and enforcement of maintenance orders

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Proceedings to contest decisions given on appeal in connection with applications for registration

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PART 4 — Recognition and enforcement of maintenance decisions - general

Interest on judgments

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Currency of payments under maintenance decisions

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Proof and admissibility of certain maintenance decisions and related documents

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SCHEDULE 2 — PROVISIONS RELATING TO INFORMATION

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SCHEDULE 3 — PROVISIONS RELATING TO AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

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SCHEDULE 4 — AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

1

The Civil Jurisdiction and Judgments Act 1982 is amended as follows.

2

In section 16 (allocation within UK of jurisdiction in certain civil proceedings), in subsection (4) after “Regulation” insert “ , Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”.

3

In section 18 (enforcement of UK judgments in other parts of the UK), in subsection (7) after “section 4 or 5 of this Act” insert “ or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”.

4

In section 20 (rules as to jurisdiction in Scotland), in subsection (3)—

(a) the words “to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies” become paragraph (a);

(b) after that paragraph insert—

; and (b) to the extent that it relates to any matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.

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11

In Schedule 4 (Chapter II of the Regulation as modified for allocation of jurisdiction within the UK), paragraph 3(b) is repealed.

12

Paragraph 5 of Schedule 5(proceedings excluded from Schedule 4) is repealed.

13

In Schedule 8 (rules as to jurisdiction in Scotland), paragraph 2(e) is repealed.

SCHEDULE 5 — AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ORDER 2001

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SCHEDULE 6 — ALLOCATION WITHIN THE UNITED KINGDOM OF JURISDICTION RELATING TO MAINTENANCE MATTERS

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SCHEDULE 7 — CONSEQUENTIAL AMENDMENTS

Maintenance Orders Act 1950 (c.37)

1

(1) The Maintenance Orders Act 1950 is amended as follows.

(2) In section 15 (service of process), for subsection (1)(a)(vi), substitute—

(vi) Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011; or

(3) In section 22 (discharge and variation of maintenance orders registered in summary or sheriff courts)—

(a) in subsection (1), at the beginning insert “ Subject to subsection (1ZA), ”;

(b) after that subsection insert—

(1ZA) The power under subsection (1) to vary the rate of payments may not be exercised where paragraph 9(2) of Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 applies (restriction on modifying maintenance decision where creditor remains habitually resident in the part of the United Kingdom in which the decision was made).

Maintenance Orders Act 1958 (c.39)

2

(1) The Maintenance Orders Act 1958 is amended as follows.

(2) Section 1 (application of Part 1) is amended as follows.

(3) In subsection (1A) after “any order” insert “ , decision, settlement or instrument ”.

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Administration of Justice Act 1970 (c.31)

3

(1) The Administration of Justice Act 1970 is amended as follows.

(2) In section 28 (other provisions for the interpretation of Part 2), in subsection (1), in the definition of “maintenance order”—

(a) after “any order” insert “ , decision, settlement or instrument ”;

(b) for “such an order” substitute “ one ”;

(3) In Schedule 8 (which lists maintenance orders for the purposes of the Maintenance Orders Act 1958 and Part 2 of the Administration of Justice Act 1970), after paragraph 13A insert—

(13B) (1) A decision, court settlement or authentic instrument which falls to be enforced by a magistrates' court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. (2) In this paragraph— - “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark; - “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.

Attachment of Earnings Act 1971 (c.32)

4

(1) The Attachment of Earnings Act 1971 is amended as follows.

(2) In section 2 (principal definitions), in the definition of “maintenance order”—

(a) after “any order” insert “ , decision, settlement or instrument ”;

(b) for “such an order” substitute “ one ”;

(3) In Schedule 1 (which lists maintenance orders to which that Act applies) after paragraph 14 insert—

(14A) (1) A decision, court settlement or authentic instrument which falls to be enforced by a magistrates' court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. (2) In this paragraph— - “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark; - “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of that Regulation.

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)

5

In the Maintenance Orders (Reciprocal Enforcement) Act 1972, in section 4 (power of sheriff to make provisional maintenance order)—

(a) in subsection (1), for “Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982” substitute “ the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”;

(b) after subsection (6) insert—

(7) In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.

Matrimonial Causes Act 1973 (c.18)

6

(1) The Matrimonial Causes Act 1973 is amended as follows.

(2) In section 27 (financial provision orders in case of neglect to maintain), for subsection (2), substitute—

(2) The court may not entertain an application under this section unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.

(3) In section 35 (alteration of agreements by court during lives of parties)—

(a) in subsection (1), for “subsection (3)” substitute “ subsections (1A) and (3) ”;

(b) after that subsection insert—

(1A) If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011— (a) the requirement as to domicile or residence in subsection (1) does not apply to the application or that part of it, but (b) the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.

(4) In section 52 , in subsection (1), after the definition of “maintenance calculation” insert—

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

Domicile and Matrimonial Proceedings Act 1973 (c.45)

7

In the Domicile and Matrimonial Proceedings Act 1973, in section 10 (ancillary and collateral orders), after subsection (1B) insert—

(1C) If the application or part of it relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the Court of Session or a sheriff court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule. (1D) In subsection (1C) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.

Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

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Magistrates' Courts Act 1980 (c. 43)

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Matrimonial and Family Proceedings Act 1984 (c. 42)

10

(1) The Matrimonial and Family Proceedings Act 1984 is amended as follows.

(2) In section 15 (jurisdiction of the court)—

(a) in subsection (1), for “subsection (2)”, substitute “ subsections (1A) and (2) ”;

(b) after that subsection, insert—

(1A) If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.

(i) the words from “or by virtue of Council Regulation” to “at p 62)” are repealed;

(ii) in paragraphs (a) and (b), the words “that Regulation or” are repealed;

(d) after subsection (2) insert—

(3) In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.

(3) In section 16 (duty of court to consider whether England and Wales is appropriate venue)—

(a) in subsection (1), at the beginning, insert “ Subject to subsection (3), ”;

(b) after subsection (2) insert—

(3) If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in subsection (1) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule. (4) In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.

(4) In section 28 (circumstances in which a Scottish court may entertain application for financial provision)—

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