Civil Jurisdiction and Judgments Act 1991

2Interpretation of the 1982 Act

(1)Section 1 of the 1982 Act (interpretation of references to the Conventions and Contracting States) shall be amended in accordance with the following provisions of this section.

(2)In subsection (1), in the definition of “the Conventions”, for the words “ “the Conventions” ” there shall be substituted the words “ “the Brussels Conventions” ”.

(3)At the end of that subsection there shall be added—

““the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the [O.J. 1988 No. L319/9 and Cm. 1362.] Protocols annexed to that Convention) opened for signature at Lugano on 16th September 1988 and signed by the United Kingdom on 18th September 1989.”

(4)In subsection (2), for paragraph (b) (citation of Articles) there shall be substituted—

“(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.”

(5)In subsection (3) (definition of “Contracting State”) for the words “In this Act “Contracting State” means—” there shall be substituted the words— “In this Act—

“Contracting State”, without more, in any provision means—

(a)in the application of the provision in relation to the Brussels Conventions, a Brussels Contracting State; and

(b)in the application of the provision in relation to the Lugano Convention, a Lugano Contracting State;

“Brussels Contracting State” means—”.

(6)At the end of that subsection there shall be added—

“ “Lugano Contracting State” means one of the original parties to the Lugano Convention, that is to say—

Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, the Hellenic Republic, Iceland, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom, being a State in relation to which that Convention has taken effect in accordance with paragraph 3 or 4 of Article 61.”