The Civil Jurisdiction and Judgments Regulations 2007

PART 2Secondary legislation

The Legal Aid (General) Regulations (Northern Ireland) 1965 (S.R. 1965 No. 217)

20.—(1) The Legal Aid (General) Regulations (Northern Ireland) 1965(1) are amended in accordance with this paragraph.

21.  In regulation 3B(1) (registration of certain foreign orders and judgments)(2), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(3)”.

The Magistrates’ Courts (Northern Ireland) Order 1981 (No. 1675 (N.I. 26))

22.  The Magistrates’ Courts (Northern Ireland) Order 1981(4) is amended as follows.

23.  In article 87 (remission of arrears and manner in which arrears to be paid), in paragraph (7), in the definition of “non-Northern Ireland maintenance order”, in subparagraph (a)(v), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(5)”.

24.  In article 88 (definition of domestic proceedings for the purposes of that Order), in subparagraph (a), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(6)”.

25.  In article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(b), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(7)”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (No. 677 (N.I. 4))

26.—(1) Article 19 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989(8) (jurisdiction of the court) is amended in accordance with this paragraph.

(2) In paragraph (2), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(9)”.

The Companies (No.2) (Northern Ireland) Order 1990 (No. 1504 (N.I. 10))

27.—(1) The Companies (No.2) (Northern Ireland) Order 1990(10) is amended in accordance with this paragraph.

(2) In Article 104 (insolvency proceedings in other jurisdictions), in paragraph (3), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(11)”.

The Civil Procedure Rules 1998 (SI 1998/3132)

28.  The Civil Procedure Rules 1998(12) are amended as follows.

29.  In rule 6.18 (definitions)—

(a)in subparagraph (j), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(13)”; and

(b)in subparagraph (k), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State.”.

30.  In rule 12.11 (supplementary provisions where applications for default judgment are made), in paragraph (6)—

(a)in subparagraph (e) after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(14)”; and

(b)in subparagraph (f), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State.”.

31.  In Part 74 (Enforcement of judgments in different jurisdictions)—

(a)in rule 74.1 (scope of this Part and interpretation), in paragraph (5)(d), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(15)”; and

(b)in rule 74.2 (interpretation), in paragraph (1)(b), for the definition of “Regulation State”, substitute—

““Regulation State” means a Member State;”.

The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (S.I. 1999/2979)

32.—(1) The Financial Markets and Insolvency (Settlement Finality) Regulations 1999(16) are amended in accordance with this paragraph.

(2) In regulation 25 (insolvency proceedings in other jurisdictions), in paragraph (3), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(17)”.

The Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516)

33.  The Community Legal Service (Financial) Regulations 2000(18) are amended as follows.

34.  In regulation 3 (financial eligibility), in paragraph (1)(g)(iii), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(19)”.

35.  In regulation 5D (waiver of eligibility limit and contributions in cross-border disputes)—

(a)omit the definition of “Member State”; and

(b)in paragraph (4), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(20)”.

Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002 (S.I. 2002/2972 (S.12))

36.—(1) The Employment Tribunals (Enforcement of Orders in Other Jurisdictions) (Scotland) Regulations 2002(21) are amended in accordance with this paragraph.

(2) In regulation 4 (recognition or enforcement of tribunal decisions in another Regulation State), in paragraph (5)(a), after “civil and commercial matters” insert “, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(22)”.