Part V Supplementary and General Provisions

Domicile

C1C8C23C2541 Domicile of individuals.

1

F37... The following provisions of this section determine, for the purposes of F38...this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom F39....

C142

An individual is domiciled in the United Kingdom if and only if—

a

he is resident in the United Kingdom; and

b

the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

C143

Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

a

he is resident in that part; and

b

the nature and circumstances of his residence indicate that he has a substantial connection with that part.

4

An individual is domiciled in a particular place in the United Kingdom if and only if he—

a

is domiciled in the part of the United Kingdom in which that place is situated; and

b

is resident in that place.

C155

An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

C156

In the case of an individual who—

a

is resident in the United Kingdom, or in a particular part of the United Kingdom; and

b

has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

F407

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4141A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2C9C24C2542 Domicile and seat of corporation or association.

C161

For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

2

The following provisions of this section determine where a corporation or association has its seat—

F44a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

C173

A corporation or association has its seat in the United Kingdom if and only if—

a

it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

b

its central management and control is exercised in the United Kingdom.

C174

A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

a

it has its registered office or some other official address in that part; or

b

its central management and control is exercised in that part; or

c

it has a place of business in that part.

F424A

For the purposes of sections 15A to 15E and rules 1, 2, 3, 5, 11(a)(ii) and 15(1) in Schedule 4, the requirement in subsection (4) that a corporation or association has its seat in the United Kingdom is to be treated as satisfied if the corporation or association satisfies the requirement in section 42A(2) for having its domicile in the United Kingdom.

5

A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

a

it has its registered office or some other official address in that place; or

b

its central management and control is exercised in that place; or

c

it has a place of business in that place.

6

F45... A corporation or association has its seat in a state other than the United Kingdom if and only if—

a

it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

b

its central management and control is exercised in that state.

F436A

Subsections (1), (3) and (6) are subject to section 42A.

F467

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C188

In this section—

  • “business” includes any activity carried on by a corporation or association, and “place of business” shall be construed accordingly;

  • “official address”, in relation to a corporation or association, means an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

42AF36Domicile of corporation or association for purposes of certain civil proceedings

1

This section determines whether a corporation or association is domiciled in the United Kingdom for the purposes of—

a

sections 15A to 15E, and

b

section 16(1)(b).

2

A corporation or association has its domicile in the United Kingdom if and only if—

a

its registered office is at a place in the United Kingdom,

b

its place of incorporation is in the United Kingdom (in a case where it has no registered office),

c

the place under the law of which its formation took place is a place in the United Kingdom (in a case where it has no registered office or place of incorporation),

d

its central administration is in the United Kingdom, or

e

its principal place of business is in the United Kingdom.

43 Seat of corporation or association for purposes of F35certain provisions.

1

The following provisions of this section determine where a corporation or association has its seat for the purposes of—

F47a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F1rules 4 and 11(b) in Schedule 4; and

c

F2rules 2(l) and 5(1)(b) in Schedule 8.

2

A corporation or association has its seat in the United Kingdom if and only if—

a

it was incorporated or formed under the law of a part of the United Kingdom; or

b

its central management and control is exercised in the United Kingdom.

3

A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

a

subject to subsection (5), it was incorporated or formed under the law of that part; or

b

being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

4

A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

a

it has its registered office or some other official address in that place; or

b

it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

5

A corporation or association incorporated or formed under—

a

an enactment forming part of the law of more than one part of the United Kingdom; or

b

an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

F486

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F497

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In this section “official address” has the same meaning as in section 42.

F5043ASeat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano Convention

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5144Persons deemed to be domiciled in the United Kingdom for certain purposes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5244APersons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano Convention

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1045 Domicile of trusts.

1

The following provisions of this section determine, for the purposes of F53... this Act, where a trust is domiciled.

C192

A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

C193

A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

C1146 Domicile and seat of the Crown.

C201

For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

2

The following provisions of this section determine where the Crown has its seat—

F54a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

for the purposes of this Act.

C213

Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

a

the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;

F3aa

the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland; and

b

the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

4

Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of F55... this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

5

An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

6

Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

C227

Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom F4, the Scottish Administration or Her Majesty’s government in Northern Ireland.

Other supplementary provisions

F5647Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3C4C5C6C1248 Matters for which rules of court may provide.

F311

Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act, F63... F57... F62the 1996 Hague Convention, the 2007 Hague Convention or the 2005 Hague Convention.

2

Rules of court may make provision as to the manner in which and the conditions subject to which a F5 certificate or judgment—

a

which has been registered in any court under any provision of this Act F30F21... or the 2007 Hague Convention,

F69aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 subsections (1) and (2), the power to make rules of court for F23the family court, the power to make rules of court for magistrates' courts in Northern Ireland, 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 F64... F58... F16, the 2007 Hague Convention 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 F65... F59F6F17... 2007 Hague Convention State of process issued by or for the purposes of F24the family court or a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another F65F6... F59F17... 2007 Hague Convention State;

b

requesting courts in other parts of the United Kingdom or in other F66... F60F18... 2007 Hague Convention 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 F67F7... F72F19... 2007 Hague Convention 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 F26the family court or 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 F68... F61F8F20... 2007 Hague Convention States are to be informed of orders made, or other things done, by or for the purposes of F25the family court or a magistrates’ court;

h

the circumstances and manner in which F27the family court or 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.

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 F73...F32 the 2005 Hague Convention.

General

50 Interpretation: general.

In this Act, unless the context otherwise requires—

  • F9“the Accession Convention”, F10“the 1982 Accession Convention” F76and “the 1989 Accession Convention” have the meaning given by section 1(1);

  • F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “association” means an unincorporated body of persons;

  • F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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);

  • F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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—

    1. a

      F12the Supreme Court,

    2. aa

      F28in England and Wales, the Court of Appeal, the High Court, the Crown Court, the family court, the county court and a magistrates' court,

    3. b

      in F29... Northern Ireland, the Court of Appeal, the High Court, the Crown Court, a county court and a magistrates’ court,

    4. c

      in Scotland, the Court of Session F34, the Sheriff Appeal Court and a sheriff court;

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

  • F77“the 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;

  • F33“the 2005 Hague Convention” has the meaning given by section 1(1);

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

  • F22“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;

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

  • F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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);

  • F14“the Regulation” has the meaning given by section 1(1);

  • F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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—

    1. a

      in Scotland, Acts of Sederunt;

    2. b

      in Northern Ireland, Judgment Enforcement Rules;

  • F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

    1. a

      subordinate legislation (as defined in section 21(1) of the M1Interpretation Act 1978); or

    2. b

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

  • “tribunal”—

    1. a

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

    2. b

      F84...

51 Application to Crown.

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.

1

This Act extends to Northern Ireland.

C7C132

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;

F15c

any colony.

53 Commencement, transitional provisions and savings.

P11

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.

Annotations:
Subordinate Legislation Made
P1

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

X154 Repeals.

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

Annotations:
Editorial Information
X1

The 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.

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