Civil Jurisdiction and Judgments Act 1982

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

SCHEDULE 3BB

TITLE V — TRANSITIONAL PROVISIONS

Article 13

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TITLE VI — FINAL PROVISIONS

Article 14

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This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

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The Secretary-General of the Council of the European Union shall notify the signatory States of:

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

Schedule 3C

Arrangement of Provisions

TITLE I. SCOPE (Article 1)

CONVENTION

ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Preamble

TITLE I — SCOPE

Article 1

TITLE II — JURISDICTION

Section 1 — General Provisions

Article 2

Article 3

Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.

In particular the following provisions shall not be applicable as against them:

— in Belgium: Article 15 of the civil code (Code civil - Burgerlijk Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk Wetboek),

— in Denmark: Article 246(2) and (3) of the law on civil procedure (Lov om rettens pleje),

— in the Federal Republic of Germany: Article 23 of the code of civil procedure (Zivilprozeßordnung),

— in Greece: Article 40 of the code of civil procedure (Κωδικαsπολιτικηsδικονομιαs),

— in France: Articles 14 and 15 of the civil code (Code civil),

— in Ireland: the rules which enable jurisdiction to be founded on the document instituting the proceedings having been served on the defendant during his temporary presence in Ireland,

— in Iceland: Article 77 of the Civil Proceedings Act (lög um meδferδ einkamála í héraδi),

— in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil procedure (Codice di procedura civile),

— in Luxembourg: Articles 14 and 15 of the civil code (Code civil),

— in the Netherlands: Articles 126(3) and 127 of the code of civil procedure (Wetboek van Burgerlijke Rechtsvordering),

— in Norway: Section 32 of the Civil Proceedings Act (tvistemålsloven),

— in Austria: Article 99 of the Law on Court Jurisdiction (Jurisdiktionsnorm),

—in Poland, Articles 1103 and 1110, of the Code of Civil Procedure,

— in Portugal: Articles 65(1)(c), 65(2) and 65A(c) of the code of civil procedure (Código de Processo Civil) and Article 11 of the code of labour procedure (Código de Processo de Trabalho),

— in Switzerland: le for du lieu du séquestre/Gerichtsstand des Arrestortes/ foro del luogo del sequestro within the meaning of Article 4 of the loi fédérale sur le droit international privé/Bundesgesetz über das internationale Privatrecht/legge federale sul diritto internazionale privato,

— in Finland: the second, third and fourth sentences of Section 1 of Chapter 10 of the Code of Judicial Procedure (oikeudenkäymiskaari/rättegångsbalken),

— in Sweden: the first sentence of Section 3 of Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken),

— in the United Kingdom: the rules which enable jurisdiction to be founded on:

Article 4

Section 2 — Special Jurisdiction

Article 5

1

in matters relating to a contract, in the courts for the place of performance of the obligation in question; in matters relating to individual contracts of employment, this place is that where the employee habitually carries out his work, or if the employee does not habitually carry out his work in any one country, this place shall be the place of business through which he was engaged;

2

in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;

3

in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred;

4

as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

5

as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

6

in his capacity as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Contracting State in which the trust is domiciled;

7

as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question:

• (a) has been arrested to secure such payment,

or

• (b) could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6

1

where he is one of a number of defendants, in the courts for the place where any one of them is domiciled;

2

as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

3

on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

4

in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rightsin rem in immovable property, in the court of the Contracting State in which the property is situated.

Article 6A

Section 3 — Jurisdiction in Matters Relating to Insurance

Article 7

Article 8

1

in the courts of the State where he is domiciled; or

2

in another Contracting State, in the courts for the place where the policy-holder is domiciled; or

3

if he is a co-insurer, in the courts of a Contracting State in which proceedings are brought against the leading insurer.

Article 9

Article 10

Article 11

Article 12

1

which is entered into after the dispute has arisen; or

2

which allows the policy-holder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; or

3

which is concluded between a policy-holder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of the State; or

4

which is concluded with a policy-holder who is not domiciled in a Contracting State, except in so far as the insurance is compulsory or relates to immovable property in a Contracting State; or

5

which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 12A.

Article 12A

1

any loss of or damage to:

• (a) sea-going ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

• (b) goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft;

2

any liability, other than for bodily injury to passengers or loss of or damage to their baggage;

• (a) arising out of the use or operation of ships, installations or aircraft as referred to in (1)(a) above in so far as the law of the Contracting State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

• (b) for loss or damage caused by goods in transit as described in (1)(b) above;

3

any financial loss connected with the use or operation of ships, installations or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;

4

any risk or interest connected with any of those referred to in (1) to (3) above.

Section 4 — Jurisdiction Over Consumer Contracts

Article 13

1

a contract for the sale of goods on instalment credit terms; or

2

a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

3

any other contract for the supply of goods or a contract for the supply of services, and

• (a) in the State of the consumer’s domicile the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and

• (b) the consumer took in that State the steps necessary for the conclusion of the contract.

Where a consumer enters into a contract with a party who is not domiciled in a Contracting State but has a branch, agency or other establishment in one of the Contracting States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

This Section shall not apply to contracts of transport.

Article 14

Article 15

1

which is entered into after the dispute has arisen; or

2

which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

3

which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Contracting State, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

Section 5 — Exclusive Jurisdiction

Article 16

1

• (a) in proceedings which have as their object rightsin rem in immovable property or tenancies of immovable property, the courts of the Contracting State in which the property is situated;

• (b) however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Contracting State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and neither party is domiciled in the Contracting State in which the property is situated;

2

in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the decisions of their organs, the courts of the Contracting State in which the company, legal person or association has its seat;

3

in proceedings which have as their object the validity of entries in public registers, the courts of the Contracting State in which the register is kept;

4

in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, the courts of the Contracting State in which the deposit or registration has been applied for, has taken place or is under the terms of an international convention deemed to have taken place;

5

in proceedings concerned with the enforcement of judgments, the courts of the Contracting State in which the judgment has been or is to be enforced.

Section 6 — Prorogation of Jurisdiction

Article 17

1

If the parties, one or more of whom is domiciled in a Contracting State, have agreed that a court or the courts of a Contracting State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction. Such an agreement conferring jurisdiction shall be either:

• (a) in writing or evidenced in writing, or

• (b) in a form which accords with practices which the parties have established between themselves, or

• (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

Where such an agreement is concluded by parties, none of whom is domiciled in a Contracting State, the courts of other Contracting States shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

2

The court or courts of a Contracting State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

3

Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Article 12 or 15, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 16.

4

If an agreement conferring jurisdiction was concluded for the benefit of only one of the parties, that party shall retain the right to bring proceedings in any other court which has jurisdiction by virtue of this Convention.

5

In matters relating to individual contracts of employment an agreement conferring jurisdiction shall have legal force only if it is entered into after the dispute has arisen.

Article 18

Section 7 — Examination as to Jurisdiction and Admissibility

Article 19

Article 20

Section 8 — LIS PENDENS— Related Actions

Article 21

Article 22

Article 23

Section 9 — Provisional, Including Protective, Measures

Article 24

TITLE III — RECOGNITION AND ENFORCEMENT

Article 25

Section 1 — Recognition

Article 26

Article 27

1

if such recognition is contrary to public policy in the State in which recognition is sought;

2

where it was given in default of appearance, if the defendant was not duly served with the document which instituted the proceedings or with an equivalent document in sufficient time to enable him to arrange for his defence;

3

if the judgment is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;

4

if the court of the State of origin, in order to arrive at its judgment, has decided a preliminary question concerning the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills or succession in a way that conflicts with a rule of the private international law of the State in which the recognition is sought, unless the same result would have been reached by the application of the rules of private international law of that State;

5

if the judgment is irreconcilable with an earlier judgment given in a non-contracting State involving the same cause of action and between the same parties, provided that this latter judgment fulfils the conditions necessary for its recognition in the State addressed.

Article 28

Article 29

Article 30

Section 2 — Enforcement

Article 31

Article 32

1

The application shall be submitted:

• — in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

• — in Denmark, to the byret,

• — in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

• — in Greece, to the μονομελέsπρωτοδικεíο,

• — in Spain, to the Juzgado de Primera Instancia,

• — in France, to the presiding judge of the tribunal de grande instance,

• — in Ireland, to the High Court,

• — in Iceland, to the héraδsdómari,

• — in Italy, to the corte d’appello,

• — in Luxembourg, to the presiding judge of the tribunal d’arrondissement,

• — in the Netherlands, to the presiding judge of the arrondissementsrechtbank,

• — in Norway, to the herredsrett or byrett as namsrett,

• — in Austria, to the Landesgericht or the Kreisgericht,

• —in Poland, to the sad okregowy,

• — in Portugal, to the Tribunal Judicial de Cigrculo,

• — in Switzerland:in respect of judgments ordering the payment of a sum of money, to the juge de la mainlevée/Rechtsöffnungsrichter/giudice competente a pronunciare sul rigetto dell’opposizione, within the framework of the procedure governed by Articles 80 and 81 of the loi fédérale sur la poursuite pour dettes et la faillite/Bundesgesetz über Schuldbetreibung und Konkurs/legge federale sulla esecuzione e sul fallimento;in respect of judgments ordering a performance other than the payment of a sum of money, to the juge cantonal d’exequatur compétent/zuständiger kantonaler Vollstreckungsrichter/giudice cantonale competente a pronunciare l’exequatur,

• — in Finland, to the ulosotonhaltija/överexekutor,

• — in Sweden, to the Svea hovrätt,

• — in the United Kingdom:in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State;in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court on transmission by the Secretary of State.

2

The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33

Article 34

Article 35

Article 36

Article 37

1

An appeal against the decision authorising enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:

• — in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

• — in Denmark, with the landsret,

• — in the Federal Republic of Germany, with the Oberlandesgericht,

• — in Greece, with the έωερειο

• — in Spain, with the Audiencia Provincial,

• — in France, with the cour d’appel,

• — in Ireland, with the High Court,

• — in Iceland, with the héraδsdómari,

• — in Italy, with the corte d’appello,

• — in Luxembourg, with the Cour supérieure de justice sitting as a court of civil appeal,

• — in the Netherlands, with the arrondissementsrechtbank,

• — in Norway, with the lagmannsrett,

• — in Austria, with the Landesgericht or the Kreisgericht,

• —in Poland, to the sad okregowy by an appeal in cassation,

• — in Portugal, with the Tribunal da Relação,

• — in Switzerland, with the tribunal cantonal/Kantonsgericht/tribunale cantonale,

• — in Finland, with the hovioikeus/hovrätt,

• — in Sweden, with the Svea hovrätt,

• — in the United Kingdom:in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court;in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates’ Court.

2

The judgment given on the appeal may be contested only:

• — in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

• — in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

• — in the Federal Republic of Germany, by a Rechtsbeschwerde,

• — in Ireland, by an appeal on a point of law to the Supreme Court,

• — in Iceland, by an appeal to the Hæstiréttur,

• — in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts Kjæremålsutvalg or Hoyesterett,

• — in Austria, in the case of an appeal, by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a Revision,

• — in Portugal, by an appeal on a point of law,

• — in Switzerland, by a recours de droit public devant le tribunal fédéral/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto pubblico davanti al tribunale federale,

• — in Finland, by an appeal to the korkein oikeus/högsta domstolen,

• — in Sweden, by an appeal to the högsta domstolen,

• — in the United Kingdom, by a single further appeal on a point of law.

Article 38

Article 39

Article 40

1

If the application for enforcement is refused, the applicant may appeal:

• — in Belgium, to the cour d’appel or hof van beroep,

• — in Denmark, to the landsret,

• — in the Federal Republic of Germany, to the Oberlandesgericht,

• — in Greece, to the έωετειο,

• — in Spain, to the Audiencia Provincial,

• — in France, to the cour d’appel,

• — in Ireland, to the High Court,

• — in Iceland, to the héraδsdómari,

• — in Italy, to the corte d’appello,

• — in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

• — in the Netherlands, to the gerechtshof,

• — in Norway, to the lagmannsrett,

• — in Austria, to the Landesgericht or the Kreisgericht,

• —in Poland, to the sad apelacyjny,

• — in Portugal, to the Tribunal da Relação,

• — in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale cantonale,

• — in Finland, to the hovioikeus/hovrätt,

• — in Sweden, to the Svea hovrätt,

• — in the United Kingdom:in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court;in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates’ Court.

2

The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41

A judgment given on an appeal provided for in Article 40 may be contested only:

Article 42

Article 43

Article 44

Article 45

Section 3 — Common Provisions

Article 46

1

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

2

in the case of a judgment given in default, the original or a certified true copy of the document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document.

Article 47

1

documents which establish that, according to the law of the State of origin, the judgment is enforceable and has been served;

2

where appropriate, a document showing that the applicant is in receipt of legal aid in the State of origin.

Article 48

Article 49

TITLE IV — AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 50

Article 51

TITLE V — GENERAL PROVISIONS

Article 52

Article 53

TITLE VI — TRANSITIONAL PROVISIONS

Article 54

Article 54A

1

A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:

• (a) the claimant is domiciled in the latter State; or

• (b) the claim arose in the latter State; or

• (c) the claim concerns the voyage during which the arrest was made or could have been made; or

• (d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations; or

• (e) the claim is for salvage; or

• (f) the claim is in respect of a mortgage or hypothecation of the ship arrested.

2

A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in 5.(o), (p) or (q) of this Article.

3

Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4

When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5

The expression “maritime claim” means a claim arising out of one or more of the following:

• (a) damage caused by any ship either in collision or otherwise;

• (b) loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

• (c) salvage;

• (d) agreement relating to the use or hire of any ship whether by charterparty or otherwise;

• (e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

• (f) loss of or damage to goods including baggage carried in any ship;

• (g) general average;

• (h) bottomry;

• (i) towage;

• (j) pilotage;

• (k) goods or materials wherever supplied to a ship for her operation or maintenance;

• (l) construction, repair or equipment of any ship or dock charges and dues;

• (m) wages of masters, officers or crew;

• (n) master’s disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

• (o) dispute as to the title to or ownership of any ship;

• (p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

• (q) the mortgage or hypothecation of any ship.

6

In Denmark, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “forbud”, where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

7

In Iceland, the expression “arrest” shall be deemed, as regards the maritime claims referred to in 5.(o) and (p) of this Article, to include a “loigbann”, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (loig um kyrrsetningu og lögbann).

TITLE VII — RELATIONSHIP TO THE BRUSSELS CONVENTION AND TO OTHER CONVENTIONS

Article 54B

1

This Convention shall not prejudice the application by the Member States of the European Communities of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968 and of the Protocol on interpretation of that Convention by the Court of Justice, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, all of these Conventions and the Protocol being hereinafter referred to as the “Brussels Convention”.

2

However, this Convention shall in any event be applied:

• (a) in matters of jurisdiction, where the defendant is domiciled in the territory of a Contracting State which is not a member of the European Communities, or where Article 16 or 17 of this Convention confers a jurisdiction on the courts of such a Contracting State;

• (b) in relation to alis pendens or to related actions as provided for in Articles 21 and 22, when proceedings are instituted in a Contracting State which is not a member of the European Communities and in a Contracting State which is a member of the European Communities;

• (c) in matters of recognition and enforcement, where either the State of origin or the State addressed is not a member of the European Communities.

3

In addition to the grounds provided for in Title III recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a Contracting State which is not a member of the European Communities, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

Article 55

Article 56

Article 57

1

This Convention shall not affect any conventions to which the Contracting States are or will be parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.

2

This Convention shall not prevent a court of a Contracting State which is party to a convention referred to in the first paragraph from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in a Contracting State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 20 of this Convention.

3

Judgments given in a Contracting State by a court in the exercise of jurisdiction provided for in a convention referred to in the first paragraph shall be recognised and enforced in the other Contracting States in accordance with Title III of this Convention.

4

In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not a contracting party to a convention referred to in the first paragraph and the person against whom recognition or enforcement is sought is domiciled in that State, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

5

Where a convention referred to in the first paragraph to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.

Article 58

(None)

Article 59

TITLE VIII — FINAL PROVISIONS

Article 60

The following may be parties to this Convention:

Article 61

1

This Convention shall be opened for signature by the States members of the European Communities or of the European Free Trade Association.

2

The Convention shall be submitted for ratification by the signatory States. The instruments of ratification shall be deposited with the Swiss Federal Council.

3

The Convention shall enter into force on the first day of the third month following the date on which two States, of which one is a member of the European Communities and the other a member of the European Free Trade Association, deposit their instruments of ratification.

4

The Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.

Article 62

1

After entering into force this Convention shall be open to accession by:

• (a) the States referred to in Article 60(b);

• (b) other States which have been invited to accede upon a request made by one of the Contracting States to the depositary State. The depositary State shall invite the State concerned to accede only if, after having communicated the contents of the communications that this State intends to make in accordance with Article 63, it has obtained the unanimous agreement of the signatory States and the Contracting States referred to in Article 60(a) and (b).

2

If an acceding State wishes to furnish details for the purposes of Protocol No. 1, negotiations shall be entered into to that end. A negotiating conference shall be convened by the Swiss Federal Council.

3

In respect of an acceding State, the Convention shall take effect on the first day of the third month following the deposit of its instrument of accession.

4

However, in respect of an acceding State referred to in paragraph 1(a) or (b), the Convention shall take effect only in relations between the acceding State and the Contracting States which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.

Article 63

Article 64

1

This Convention is concluded for an initial period of five years from the date of its entry into force in accordance with Article 61(3), even in the case of States which ratify it or accede to it after that date.

2

At the end of the initial five-year period, the Convention shall be automatically renewed from year to year.

3

Upon the expiry of the initial five-year period, any Contracting State may, at any time, denounce the Convention by sending a notification to the Swiss Federal Council.

4

The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Swiss Federal Council of the notification of denunciation.

Article 65

The following are annexed to this Convention:

Article 66

Article 67

The Swiss Federal Council shall notify the States represented at the Diplomatic Conference of Lugano and the States who have later acceded to the Convention of:

Article 68

Protocol No. 1 — ON CERTAIN QUESTIONS OF JURISDICTION, PROCEDURE AND ENFORCEMENT

Article I

Article Ia

1

Switzerland reserves the right to declare, at the time of depositing its instrument of ratification, that a judgment given in another Contracting State shall be neither recognised nor enforced in Switzerland if the following conditions are met:

• (a) the jurisdiction of the court which has given the judgment is based only on Article 5(1) of this Convention; and

• (b) the defendant was domiciled in Switzerland at the time of the introduction of the proceedings; for the purposes of this Article, a company or other legal person is considered to be domiciled in Switzerland if it has its registered seat and the effective centre of activities in Switzerland; and

• (c) the defendant raises an objection to the recognition or enforcement of the judgment in Switzerland, provided that he has not waived the benefit of the declaration foreseen under this paragraph.

2

This reservation shall not apply to the extent that at the time recognition or enforcement is sought a derogation has been granted from Article 59 of the Swiss Federal Constitution. The Swiss Government shall communicate such derogations to the signatory States and the acceding States.

3

This reservation shall cease to have effect on 31 December 1999. It may be withdrawn at any time.

Article Ib

Article II

Article III

Article IV

Article V

Article Va

Article Vb

Article Vc

(None)

Article Vd

Article VI

Protocol No. 2 — ON THE UNIFORM INTERPRETATION OF THE CONVENTION

Preamble

Article 1

Article 2

1

The Contracting Parties agree to set up a system of exchange of information concerning judgments delivered pursuant to this Convention as well as relevant judgments under the Brussels Convention. This system shall comprise:

• — transmission to a central body by the competent authorities of judgments delivered by courts of last instance and the Court of Justice of the European Communities as well as judgments of particular importance which have become final and have been delivered pursuant to this Convention or the Brussels Convention,

• — classification of these judgments by the central body including, as far as necessary, the drawing-up and publication of translations and abstracts,

• — communication by the central body of the relevant documents to the competent national authorities of all signatories and acceding States to the Convention and to the Commission of the European Communities.

2

The central body is the Registrar of the Court of Justice of the European Communities.

Article 3

1

A Standing Committee shall be set up for the purposes of this Protocol.

2

The Committee shall be composed of representatives appointed by each signatory and acceding State.

3

The European Communities (Commission, Court of Justice and General Secretariat of the Council) and the European Free Trade Association may attend the meetings as observers.

Article 4

1

At the request of a Contracting Party, the depositary of the Convention shall convene meetings of the Committee for the purpose of exchanging views on the functioning of the Convention and in particular on:

• — the development of the case-law as communicated under the first paragraph first indent of Article 2,

• — the application of Article 57 of the Convention.

2

The Committee, in the light of these exchanges, may also examine the appropriateness of starting on particular topics a revision of the Convention and make recommendations.

Protocol No. 3 — ON THE APPLICATION OF ARTICLE 57

1

For the purposes of the Convention, provisions which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments and which are, or will be, contained in acts of the institutions of the European Communities shall be treated in the same way as the conventions referred to in paragraph 1 of Article 57.

2

If one Contracting State is of the opinion that a provision contained in an act of the institutions of the European Communities is incompatible with the Convention, the Contracting States shall promptly consider amending the Convention pursuant to Article 66, without prejudice to the procedure established by Protocol No. 2.

TITLE II — JURISDICTION

Section 1 — General Provisions

Article 2

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Article 3

Section 2 — Special jurisdiction

Article 5

A person domiciled in apart of the United Kingdom may, in anotherpart of the United Kingdom, be sued:

Article 5A

Desiring to implement the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

Article 6

A person domiciled in apart of the United Kingdom may,in another part of the United Kingdom, also be sued:

Article 6A

Section 4 — Jurisdiction over consumer contracts

Article 13

In proceedings concerning a contract concluded by a person for a purpose which can be regarded as being outside his trade or profession, hereinafter called “the consumer", jurisdiction shall be determined by this Section, without prejudice to the provisions of Articles . . .5(5)and (8)(b), if it is:

Article 14

TI TLE II. JURISDICTION

Article 15

The provisions of this Section may be departed from only by an agreement:

Section 5 — Exclusive jurisdiction

Article 16

The following courts shall have exclusive jurisdiction, regardless of domicile:

Section 6 — Prorogation of jurisdiction

Article 17

Subject to the provisions of thisTitle, persons domiciled in apart of the United Kingdom shall . . . be sued in the courts of thatpart.

Article 18

Section 7 — Examination as to jurisdiction and admissibility

Article 19

Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Title, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.

Article 20

Section 9 — Provisional, including protective, measures

Article 24

A consumer may bring proceedings against the other party to a contract either in the courts of thepart of the United Kingdomin which that party is domiciled or in the courts of thepart of the United Kingdomin which he is himself domiciled.

Financial Services Act 1986

10

Proceedings such as are mentioned in section 415 of the Financial Services and Markets Act 2000.

Examination as to jurisdiction and admissibility

9

Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.

Examination as to jurisdiction and admissibility

2A

Proceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.

Maintenance Orders Act 1958 (c.39)

Maintenance Orders Act 1958 (c.39)

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/266 (N.I.))

4

In Article 98 of the Judgments Enforcement (Northern Ireland) Order 1981 (powers of courts to make attachment of earnings orders), in sub-paragraph (iv) of paragraph (a) at the end add “ but not subsequently registered in a court of summary jurisdiction under section 36 of the Civil Jurisdiction and Judgments Act 1982 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.))

5

• (1) In Article 88 of the Magistrates’ Courts (Northern Ireland) Order 1981 (definition of “domestic proceedings” for the purposes of that Order)—

• (a) in paragraph (a), delete the words “or the Maintenance Orders Act 1950”;

• (b) after paragraph (a) insert—

(aa) in relation to maintenance orders registered in a court of summary jurisdiction under the Maintenance Orders Act 1950 or Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 or section 36 of the Civil Jurisdiction and Judgments Act 1982, under that Act of 1950 or Part II of that Act of 1966

.

• (2) In Article 98 of that Order (enforcement of orders for periodical payment of money), in sub-paragraph (d) of paragraph (11), at the end add—

or under section 36 of the Civil Jurisdiction and Judgments Act 1982

.

Editorial notes

[^c21528271]: Act: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 8 (with arts. 28-31)

[^c15854241]: Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

[^c15854251]: Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

[^c15854321]: S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

[^c15854451]: Words in s. 2 substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para.1 (with s. 4); S.I. 1992/745, art.2

[^c15854521]: Words in s. 3 substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para.1 (with s. 4); S.I. 1992/745, art. 2

[^c21476511]: S. 3A repealed (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 4 (with reg. 48)

[^c21479061]: S. 3B repealed (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 4 (with reg. 48)

[^c15855661]: S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1). S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

[^c21528151]: S. 7 applied (with modifications) (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(2)-(4) (with reg. 48)

[^c15855751]: S. 9(1A) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 2

[^c21524801]: S. 9(2) omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 10(2) (with reg. 48)

[^c15855791]: S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

[^c15855891]: S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.

[^c21525291]: Words in s. 15(2) substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 15(2) (with reg. 48)

[^c15855921]: 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.

[^c15856001]: Words in s. 16(1) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(i) (with transitional provisions in art. 6)

[^c15856011]: S. 16(1)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(ii) (with transitional provisions in art. 6)

[^c15856021]: Words in s. 16(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(iii) (with transitional provisions in art. 6)

[^c15856031]: S. 16(2) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(b) (with transitional provisions in art. 6)

[^c15856041]: Words in s. 16(3)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(i) (with transitional provisions in art. 6)

[^c15856051]: Words in s. 16(3)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(ii) (with transitional provisions in art. 6)

[^c15856081]: 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.

[^c15856091]: 1950 c. 37.

[^c21470641]: S. 17(1) excluded (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(4)

[^c15856901]: S. 18: power to exclude conferred (1.12.1993) (by adding 1991 c. 24, Sch. 4 para. 19(4)), by 1993 c. 36, s. 46 (with s. 78(6)); S.I. 1993/2734, art. 2, Sch. S. 18: power to restrict conferred (E.W.) (3.2.1995) by 1994 c. 37, S. 38(4) S. 18: power to exclude conferred (S.) (1.4.1996) by 1995 c. 43, s. 39(4) S. 18: power to exclude conferred (N.I.) (25.8.1996) by S.I. 1996/1299 (N.I. 9), art. 3(3)

[^c21552271]: S. 18(2)(f) inserted (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 34

[^c15856911]: S. 18(3)(ba) added by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 8 para. 36

[^c15856921]: Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

[^c15856931]: S. 18(c)(i)(ii) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. IV

[^c15856941]: S. 18(3)(d) inserted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1), Sch. 11 para. 11; S.I. 2003/333, art. 2, Sch. (with arts. 10-13 (as amended by S.I. 2003/531, arts. 3, 4)); S.S.I. 2003/210, art. 2, Sch. (with art. 7)

[^c15856951]: 1856 c. 56.

[^c15856961]: 1981 c. 49.

[^c15856971]: 1981 c. 54.

[^c21552351]: Words in s. 18(4)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

[^c15856981]: S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6

[^c15857001]: Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42

[^c15857021]: 1950 c. 37.

[^c15857041]: S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.

[^c15857051]: S. 18(7) extended (1.4.1993) by S.I. 1993/604, art. 7. S. 18(7) extended (1.3.2002) by S.I. 2001/3928, art. 3

[^c21552371]: S. 18(7) extended (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 47(7) (with reg. 48)

[^c15857061]: 1920 c. 81.

[^c15857071]: 1933 c. 13.

[^c15857081]: 1972 c. 18.

[^c21651311]: Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)

[^c15857121]: S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

[^c15857131]: Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

[^c15857141]: Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

[^c15857151]: Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)

[^c21471401]: S. 21(1) excluded (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 5(4)

[^c15857161]: 1950 c. 37.

[^c15857171]: 1972 c. 18.

[^c15857181]: 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.

[^c21551281]: Word in s. 25(3)(b) omitted (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 6(3)(b)

[^c15857391]: S. 25(3)(c) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

[^c15857401]: S. 25(5) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4, S.I. 1996/3146, art. 3, Sch. 2

[^c15857411]: Words in s. 26(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

[^c15857421]: Words in s. 26(1)(a)(i) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

[^c15857431]: Words in s. 26(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

[^c21470131]: S. 27(1)(ba) inserted (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), sch. 5 para. 12(a) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 1 para. 2 (with arts. 4-7, 10, 15)

[^c15857491]: S. 27(2)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 11(b)

[^c21470351]: Words in s. 27(2)(c) substituted (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227(3), sch. 5 para. 12(b) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 1 para. 2 (with arts. 4-7, 10, 15)

[^c21551601]: S. 28 re-numbered as s. 28(1) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 8(2)

[^c15857621]: Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)

[^c15857631]: 1972 c. 59.

[^c15857641]: Words inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 59, Sch. 2 para. 24

[^c15857651]: S.I. 1980/397 (N.I. 3).

[^c15857761]: 1978 c. 33.

[^c15857771]: 1933 c. 13.

[^c15857781]: 1965 c. 37.

[^c15857791]: 1965 c. 57.

[^c15857801]: Words in s. 31(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 66(a) (with s. 312(1))

[^c21469921]: Words in s. 31(3) substituted (1.7.2006) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 9(2), Sch. 3 para. 2 (with reg. 9(3))

[^c21468071]: Words in s. 31(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14

[^c15858081]: 1933 c. 13.

[^c15858091]: 1965 c. 37.

[^c15858101]: 1965 c. 57.

[^c15858111]: Words in s. 32(4)(b) repealed (1.1.1996) by 1995 c. 21, ss. 314(1)(2), 316(2), Schs. 12, 13, para. 66(b)(i) (with ss. 312(1), Sch. 14 para. 1)

[^c21469941]: Words in s. 32(4) substituted (1.7.2006) by The Railways (Convention on International Carriage by Rail) Regulations 2005 (S.I. 2005/2092), reg. 9(2), Sch. 3 para. 2 (with reg. 9(3))

[^c21469911]: Words in s. 32(4)(b) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14

[^c15858141]: Words in s. 32(4)(b) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), Sch. 13 para. 66(b)(ii) (with s. 312(1))

[^c15858181]: 1933 c. 13.

[^c15858191]: 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.

[^c15858201]: 1920 c. 81.

[^c15858221]: 1920 c. 81.

[^c15858281]: 1950 c. 37.

[^c15858291]: 1958 c. 39.

[^c15858301]: S. 36(3)(d) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(a); S.R. 1996/454, art. 3

[^c15858311]: 1966 c. 35 (N.I.)

[^c15858321]: S. 36(4)(a)-(e) and preceding words inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(b); S.R. 1996/454, art. 3

[^c15858331]: Words in s. 36(5) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(1); S.R. 1996/297, art. 2(2)

[^c15858351]: 1950 c. 37.

[^c15858371]: S. 36(5A) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 117(2); S.R. 1996/297 art. 2(2)

[^c15858381]: 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.

[^c15858411]: 1972 c. 18.

[^c15858421]: S. 37(2) repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch. 3; S.I. 1993/618, art. 2

[^c15858431]: 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.

[^c15858441]: 1980 c. 11.

[^c15858451]: S. 39(2)(c) consisting of words “any colony." substituted (1.10.1991) for s. 39(2)(c) and (d) commencing “(c) Gibraltar" by S.I. 1990/2591, art. 10

[^c15858461]: 1960 c. 52.

[^c15858481]: S. 40(1) repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

[^c15858491]: S. 40(2) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 4 para. 3(1), Sch. 5