Private International Law (Implementation of Agreements) Act 2020

Implementation of international agreements

Implementation of the 1996, 2005 and 2007 Hague Conventions

1

• (1) In the Civil Jurisdiction and Judgments Act 1982 (“the 1982 Act”), in subsection (1) of section 1 (interpretation of references to the Conventions etc) insert at the appropriate place—

“the 1996 Hague Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19th October 1996 at The Hague;

.

• (2) Before section 4 of the 1982 Act (and before the italic heading preceding that section) insert—

(3C) (1) The 1996 Hague Convention shall have the force of law in the United Kingdom. (2) For the purposes of this Act the 1996 Hague Convention is to be read together with the following declarations made by the United Kingdom on 27th July 2012— (a) the declaration under Article 29 of the Convention, concerning applicable territorial units; (b) the declaration under Article 34 of the Convention, concerning communication of requests under paragraph 1 of that Article; (c) the declaration under Article 54 of the Convention, concerning the use of French. (3) For convenience of reference there are set out in Schedules 3D and 3E respectively— (a) the English text of the 1996 Hague Convention; (b) the declarations referred to in subsection (2). (3D) (1) The 2005 Hague Convention shall have the force of law in the United Kingdom. (2) For the purposes of this Act the 2005 Hague Convention is to be read together with any reservations or declarations made by the United Kingdom at the time of the approval of the Convention. (3) For convenience of reference the English text of the 2005 Hague Convention is set out in Schedule 3F. (3E) (1) The 2007 Hague Convention shall have the force of law in the United Kingdom. (2) For the purposes of this Act the 2007 Hague Convention is to be read together with any reservations or declarations made by the United Kingdom at the time of the approval of the Convention. (3) For convenience of reference the English text of the 2007 Hague Convention is set out in Schedule 3G.

• (3) Before Schedule 4 to the 1982 Act insert (as Schedules 3D to 3G) the Schedules set out in Schedules 1 to 4 to this Act.

• (4) Schedule 5 (consequential and transitional provision) has effect.

Implementation of other agreements on private international law

2

• (1) The appropriate national authority may make regulations for the purpose of, or in connection with, implementing any international agreement, as it has effect from time to time, so far as relating to private international law (a “relevant international agreement”).

• (2) The appropriate national authority may make regulations for the purpose of, or in connection with, applying a relevant international agreement, with or without modifications, as between different jurisdictions within the United Kingdom.

• (3) The appropriate national authority may make regulations for the purpose of, or in connection with, giving effect to any arrangements made between—

• (a) Her Majesty's government in the United Kingdom, and

• (b) the government of a relevant territory,

for applying a relevant international agreement, with or without modifications, as between the United Kingdom, or a jurisdiction within the United Kingdom, and that territory.

• (4) Regulations under subsections (1) to (3) may only be made during the operative period.

• (5) The operative period is the period of five years beginning with the day on which this Act is passed.

• (6) The appropriate national authority in relation to a part of the United Kingdom may by regulations extend the operative period for that part of the United Kingdom by a period of five years.

• (7) The power under subsection (6) may be exercised more than once.

• (8) The operative period may not be extended for any part of the United Kingdom after it has expired in relation to that part of the United Kingdom.

• (9) Regulations under this section may make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes or for different parts of the United Kingdom.

• (10) Regulations under subsections (1) to (3) may include provision about—

• (a) enforcement of obligations arising under or by virtue of the regulations;

• (b) sharing of information;

• (c) legal aid.

• (11) Schedule 6 makes further provision about regulations under this section.

• (12) In this section—

• “appropriate national authority” means—in relation to England and Wales, the Secretary of State;in relation to Scotland—the Scottish Ministers, orthe Secretary of State acting with the consent of the Scottish Ministers;in relation to Northern Ireland—a Northern Ireland department, orthe Secretary of State acting with the consent of a Northern Ireland department;

• “international agreement” means a convention, treaty or other agreement to which the United Kingdom is, or is expected to become, a party;

• “private international law” includes rules and other provisions about—jurisdiction and applicable law;recognition and enforcement in one country or territory of any of the following that originate in another country or territory—a judgment, order or arbitral award;an agreement, decision or authentic instrument determining or otherwise relating to rights and obligations;co-operation between judicial or other authorities in different countries or territories in relation to—service of documents, taking of evidence and other procedures, oranything within paragraph (a) or (b);

• “relevant international agreement” has the meaning given in subsection (1);

• “relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory.

• (13) This section and Schedule 6 have effect, with the following modifications, in relation to a model law adopted by an international organisation of which the United Kingdom is a member as they have effect in relation to an international agreement to which the United Kingdom is, or is expected to become, a party.

The modifications are—

• (a) a reference in this section or that Schedule to implementing or applying a relevant international agreement is to be read as a reference to giving effect to the model law (with or without modifications);

• (b) subsection (1) is to be read as if the words “as revised from time to time” were substituted for the words “as it has effect from time to time”.

General

Crown application

3

• (1) The amendments of the Civil Jurisdiction and Judgments Act 1982 made by this Act bind the Crown in accordance with the provisions of section 51 of that Act.

• (2) Regulations under section 2 may make provision binding the Crown.

• (3) The reference to the Crown in subsection (2) does not include—

• (a) Her Majesty in Her private capacity,

• (b) Her Majesty in right of the Duchy of Lancaster, or

• (c) the Duke of Cornwall.

Extent, commencement and short title

4

• (1) This Act extends to England and Wales, Scotland and Northern Ireland.

• (2) Her Majesty may by Order in Council provide for section 2 (including Schedule 6) and section 3(2) and (3) to extend, with or without modifications, to the Isle of Man.

• (3) Sections 1 and 3(1) and Schedules 1 to 5 come into force on IP completion day.

• (4) The rest of this Act comes into force on the day on which it is passed.

• (5) This Act may be cited as the Private International Law (Implementation of Agreements) Act 2020.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

PART 1 — Consequential provision

Civil Jurisdiction and Judgments Act 1982 (c. 27)

1

In section 48 of the Civil Jurisdiction and Judgments Act 1982 (matters for which rules of court may provide), in subsection (1), before “the 2007 Hague Convention” insert “ the 1996 Hague Convention, ”.

European Union (Withdrawal) Act 2018 (c. 16)

2

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

Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124)

3

• (1) The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 are amended as follows.

• (2) In Part 1 (introduction), omit regulation 2.

• (3) Omit Part 2 (the rights etc deriving from the 2005 Hague Convention).

• (4) In Part 3 (modification and amendment of primary and secondary legislation)—

• (a) in the heading—

• (i) omit “Modification and”;

• (ii) omit “and Secondary”;

• (b) omit regulation 7.

International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 (S.I. 2018/1125)

4

• (1) The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 are amended as follows.

• (2) In Part 1 (introduction), omit regulation 2.

• (3) Omit Part 2 (the rights etc deriving from the 2007 Hague Convention).

• (4) Omit Part 3 (modification and amendment of primary and secondary legislation).

Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479)

5

In the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, omit regulations 5 and 9.

Council Decision 2008/431/EC

6

Council Decision of 5 June 2008 authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law (2008/431/EC) is revoked.

PART 2 — Transitional provision

Interpretation of the 2005 Hague Convention as it has the force of law in the UK

7

For the purposes of Article 16 of the 2005 Hague Convention, as it has the force of law in the United Kingdom by virtue of section 3D(1) of the Civil Jurisdiction and Judgments Act 1982 (as inserted by section 1(2) of this Act), the date on which the 2005 Hague Convention entered into force for the United Kingdom is 1 October 2015, and accordingly references in the Convention to a Contracting State are to be read as including, without interruption from that date, the United Kingdom.

Interpretation of the 2007 Hague Convention as it has the force of law in the UK

8

For the purposes of Article 56 of the 2007 Hague Convention, as it has the force of law in the United Kingdom by virtue of section 3E(1) of the Civil Jurisdiction and Judgments Act 1982 (as inserted by section 1(2) of this Act), the date on which the 2007 Hague Convention entered into force for the United Kingdom is 1 August 2014, and accordingly references in the Convention to a Contracting State are to be read as including, without interruption from that date, the United Kingdom.

Interpretation of Part 2

9

In this Part of this Schedule—

• “the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30 June 2005 at The Hague;

• “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.

SCHEDULE 6

Restrictions on power to make regulations

1

• (1) Regulations under section 2 may not include—

• (a) provision that confers power to legislate by means of regulations, orders, rules or other subordinate instrument (other than rules of procedure for courts or tribunals);

• (b) provision that creates an offence punishable by imprisonment.

• (2) Sub-paragraph (1)(a) does not prevent the modification of a power to legislate conferred otherwise than under section 2, or the extension of any such power to purposes of a similar kind to those for which it was conferred.

• (3) A power to give practice directions or other directions regarding matters of administration is not a power to legislate for the purposes of sub-paragraph (1)(a).

Consultation

2

Before the Secretary of State makes regulations under section 2, the Secretary of State must consult such persons as the Secretary of State thinks appropriate.

Regulations to be made by statutory instrument or statutory rule

3

The power to make regulations under section 2—

• (a) is exercisable by statutory instrument, in the case of regulations made by the Secretary of State;

• (b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), in the case of regulations made by a Northern Ireland department.

Parliamentary or assembly procedure

4

• (1) This paragraph applies to a statutory instrument containing regulations made by the Secretary of State under section 2.

• (2) If the instrument contains (whether alone or with other provision)—

• (a) provision made for the purpose of implementing or applying, in relation to the United Kingdom or a particular part of the United Kingdom, any relevant international agreement that has not previously been the subject of any such provision (whether made by regulations under section 2 or otherwise),

• (b) provision made for the purpose of giving effect, in relation to the United Kingdom or a particular part of the United Kingdom, to any relevant arrangements that relate to a particular territory and have not previously been the subject of any such provision (whether made by regulations under that section or otherwise),

• (c) provision that creates or extends, or increases the penalty for, a criminal offence,

• (d) provision that amends primary legislation, or

• (e) provision made under section 2(6),

it may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

• (3) In this Schedule “relevant arrangements” means arrangements of the kind mentioned in section 2(3).

• (4) If sub-paragraph (2) does not apply to the instrument, it is subject to annulment in pursuance of a resolution of either House of Parliament.

5

• (1) This paragraph applies to regulations made by the Scottish Ministers under section 2.

• (2) The regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)) if they contain (whether alone or with other provision)—

• (a) provision made for the purpose of implementing or applying, in relation to Scotland, any relevant international agreement that has not previously been the subject of any such provision (whether made by regulations under section 2 or otherwise),

• (b) provision made for the purpose of giving effect, in relation to Scotland, to any relevant arrangements that relate to a particular territory and have not previously been the subject of any such provision (whether made by regulations under that section or otherwise),

• (c) provision that creates or extends, or increases the penalty for, a criminal offence,

• (d) provision that amends primary legislation, or

• (e) provision made under section 2(6).

• (3) If sub-paragraph (2) does not apply to the regulations, they are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6

• (1) A Northern Ireland department may not make regulations under section 2 that contain (whether alone or with other provision)—

• (a) provision made for the purpose of implementing or applying, in relation to Northern Ireland, any relevant international agreement that has not previously been the subject of any such provision (whether made by regulations under section 2 or otherwise),

• (b) provision made for the purpose of giving effect, in relation to Northern Ireland, to any relevant arrangements that relate to a particular territory and have not previously been the subject of any such provision (whether made by regulations under that section or otherwise),

• (c) provision that creates or extends, or increases the penalty for, a criminal offence,

• (d) provision that amends primary legislation, or

• (e) provision made under section 2(6),

unless a draft of the regulations has been laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.

• (2) Regulations under section 2 made by a Northern Ireland department are subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, if a draft of the regulations was not required to be laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.

• (3) Section 41(3) of that Act applies for the purposes of sub-paragraph (1) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Interpretation

7

In this Schedule—

• “amend” includes repeal or revoke;

• “primary legislation” means any provision of—an Act of Parliament,an Act of the Scottish Parliament,an Act or Measure of Senedd Cymru, orNorthern Ireland legislation;

• “relevant arrangements” has the meaning given in paragraph 4(3);

• “relevant international agreement” has the same meaning as in section 2.

Implementation of the 1996, 2005 and 2007 Hague Conventions

Civil Jurisdiction and Judgments Act 1982 (c. 27)

European Union (Withdrawal) Act 2018 (c. 16)

Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 (S.I. 2018/1124)