The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Regulation 8

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

1.  The provisions of this Schedule have effect for determining, as between the parts of the United Kingdom, whether the courts of a particular part of the United Kingdom, or any particular court in that part, have or has jurisdiction in proceedings where the subject-matter of the proceedings is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation.

2.  In this Schedule, a reference to an Article by number alone is a reference to the Article so numbered in the Maintenance Regulation.

3.  The provisions of Chapter II of the Maintenance Regulation apply to the determination of jurisdiction in the circumstances mentioned in paragraph 1, subject to the modifications specified in the following provisions of this Schedule.

4.  Article 3 applies as if—

(a)the references in Article 3(a) and (b) to the court for the place where the defendant or the creditor is habitually resident were references to the court for the part of the United Kingdom in which the defendant, or the creditor, as the case may be, is habitually resident;

(b)the references to a person’s nationality were references to a person’s domicile.

5.  Article 4(1) to (3) applies as if—

(a)for “Member State”, wherever it occurs, there were substituted “part of the United Kingdom”;

(b)the reference to a person’s nationality was a reference to a person’s domicile.

6.  Article 5 applies as if—

(a)after “this Regulation” there were inserted “as modified by Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011”;

(b)for “Member State” there were substituted “part of the United Kingdom”.

7.  Where Article 6, as read with the second paragraph of Article 2(3), indicates that the courts of the United Kingdom have jurisdiction under the Maintenance Regulation, and the parties are domiciled in different parts of the United Kingdom, the courts of either part may exercise jurisdiction (subject to Article 12 as it has effect by virtue of this Schedule).

8.  Article 7 applies as if for the second sentence there were substituted—

“The dispute must have a sufficient connection with the part of the United Kingdom in which the court seised is located.”.

9.—(1) Sub-paragraphs (2) and (3) have effect in addition to Article 8.

(2) Where a decision is given in a part of the United Kingdom where the creditor is habitually resident, proceedings to modify the decision or to have a new decision given cannot be brought by the debtor in any other part of the United Kingdom as long as the creditor remains habitually resident in the part of the United Kingdom in which the decision was given.

(3) Sub-paragraph (2) does not apply where—

(a)the parties have agreed that the courts of that other part of the United Kingdom are to have jurisdiction in accordance with Article 4 as applied by paragraph 5 of this Schedule, or

(b)the creditor submits to the jurisdiction of the courts of that other part of the United Kingdom pursuant to Article 5 as applied by paragraph 6 of this Schedule.

10.  Article 9 does not apply.

11.—(1) Sub-paragraphs (2) and (3) have effect instead of Articles 10 and 11.

(2) Where a defendant habitually resident in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court will declare of its own initiative that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.

(3) The court will stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

12.  Article 12 applies as if after “different Member States” there were inserted “or different parts of the United Kingdom”.

13.  Article 13 applies as if after “different Member States” there were inserted “or different parts of the United Kingdom”.

14.  Article 14 applies as if—

(a)for “a Member State” there were substituted “a part of the United Kingdom”;

(b)after “another Member State” there were inserted “or another part of the United Kingdom”.

15.  Notwithstanding the preceding provisions of this Schedule, the exercise of jurisdiction in any proceedings in a court in the United Kingdom is subject to—

(a)the Maintenance Regulation;

(b)the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007(1);

(c)the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Brussels on the 27th September 1968(2); and

(d)the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters concluded at Lugano on the 16th September 1988(3).

16.  This Schedule does not apply to—

(a)matters in relation to which—

(i)the Child Maintenance and Enforcement Commission has jurisdiction to make a maintenance calculation by virtue of section 44 of the Child Support Act 1991(4);

(ii)the Department for Social Development in Northern Ireland has jurisdiction to make a maintenance calculation by virtue of Article 41 of the Child Support (Northern Ireland) Order 1991(5);

(b)proceedings for, or otherwise relating to, an order under any of the following provisions—

(i)paragraph 23 of Schedule 2 to the Children Act 1989(6) (contribution orders);

(ii)section 106 of the Social Security Administration Act 1992(7) (recovery of expenditure on benefit from person liable for maintenance);

(iii)section 80 of the Social Work (Scotland) Act 1968(8) (enforcement of duty to make contributions);

(iv)section 81 of the Social Work (Scotland) Act 1968 (provisions as to decrees for aliment);

(v)Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972(9) (recovery of cost of accommodation for persons in need);

(vi)section 101 of the Social Security Administration (Northern Ireland) Act 1992 (10)(recovery of expenditure on benefit from person liable for maintenance);

(vii)Article 41 of the Children (Northern Ireland) Order 1995(11) (contribution orders).