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Civil Jurisdiction and Judgments Act 1982

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

GeneralU.K.

50 Interpretation: general.U.K.

In this Act, unless the context otherwise requires—

  • [F1the Accession Convention”, [F2the 1982 Accession Convention[F3and “the 1989 Accession Convention]] have the meaning given by section 1(1);]

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • association” means an unincorporated body of persons;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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);

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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)

    [F8the Supreme Court,]

    (aa)

    [F9in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,]

    (b)

    in F10... 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 [F11, the Sheriff Appeal Court] and a sheriff court;

  • enactment” includes an enactment comprised in Northern Ireland legislation;

  • [F12the expert reports relating to the 1968 Convention” means—

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

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

    (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;]

  • [F13“the 2005 Hague Convention” has the meaning given by section 1(1);

  • 2005 Hague Convention State” has the meaning given by section 1(3);]

  • [F14“the 2007 Hague Convention” has the meaning given by section 1(1);

  • “2007 Hague Convention State” has the meaning given by section 1(3);]

  • the Crown” is to be construed in accordance with section 51(2);

  • 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;

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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);

  • [F19“the Regulation” has the meaning given by section 1(1);]

  • F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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;

  • F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—

    (a)

    subordinate legislation (as defined in section 21(1) of the M1Interpretation 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)

    F22...

Textual Amendments

F1Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9

F8S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)

F9Words in s. 50 inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10Words in s. 50 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(17)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)

F19S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

Marginal Citations

51 Application to Crown.U.K.

(1)This Act binds the Court.

(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.

52 Extent.U.K.

(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;

[F23(c)any colony.]

Textual Amendments

F23S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10

Modifications etc. (not altering text)

C2S. 52(2) power to extend (with modifications) (Channel Islands or Isle of Man) any amendments or repeals made to this Act by 2016 c. 19, to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(b)

53 Commencement, transitional provisions and savings.U.K.

(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.

Subordinate Legislation Made

P1Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044

X154 Repeals.U.K.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title.U.K.

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

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