The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

Made: 30th October 2018

Laid before Parliament: 1st November 2018

Coming into force in accordance with regulation 1

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of and paragraph 21(b) of Schedule 7 to that Act.

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 and come into force on exit day.

Interpretation

2

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PART 2 — The rights etc deriving from the 2005 Hague Convention

Rights etc deriving from the 2005 Hague Convention

3

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Choice of court agreements concluded before exit day

4

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Choice of court agreements concluded before the 2005 Hague Convention again enters into force for the United Kingdom

5

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Choice of court agreements concluded after the 2005 Hague Convention again enters into force for the United Kingdom

6

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PART 3 — ... Amendment of primary ... legislation

Primary and subordinate legislation referring to the 2005 Hague Convention

7

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Civil Jurisdiction and Judgments Act 1982

8

In section 24 of the Civil Jurisdiction and Judgments Act 1982 (interim relief and protective measures in cases of doubtful jurisdiction)—

• (a) in subsection (1)(c) (proceedings in England and Wales or Northern Ireland involving a reference to the European Court), omit “or the 2005 Hague Convention”;

• (b) in subsection (2)(c) (proceedings in Scotland involving a reference to the European Court), omit “or the 2005 Hague Convention”.

PART 4 — Amendment of retained direct EU legislation

Council Decision of 26 February 2009 (2009/397/EC)

9

Council Decision of 26 February 2009 on the signing on behalf of the European Community of the Convention on Choice of Court Agreements (2009/397/EC) is revoked.

Council Decision of 4 December 2014 (2014/887/EU)

10

Council Decision of 4 December 2014 on the approval, on behalf of the European Union, of the Convention on Choice of Court Agreements (2014/887/EU) is revoked.

Signed

Signed by authority of the Secretary of State for Justice

Lucy Frazer — Parliamentary Under-Secretary of State — 2018-10-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00003]: 1982 c. 27. Relevant amendments were made by S.I. 2015/1644.

[^f00004]: S.I. 1998/3132. Relevant amendments were made by S.I. 2015/1644.

[^f00005]: S.I. 2015/1644.

[^f00006]: Section 25(3) was amended by section 3 of, and paragraph 12 of Schedule 2 to, the Civil Jurisdiction and Judgments Act 1991 (c.12), section 107(2) of, and Schedule 4 to, the Arbitration Act 1996 (c.23), S.I.2001/3929, S.I. 2009/3131, S.I. 2011/1484 and S.I.2015/1644.

[^f00007]: S.I. 1997/302. Relevant amendments were made by S.I. 2015/1644.

[^f00008]: S.I. 1997/2780 (S.174). Relevant amendments were made by S.I. 2015/1644.

[^f00009]: Section 24(1)(c) and (2)(c) was amended by S.I. 2001/3929, S.I. 2009/3131, S.I. 2012/1809 and S.I. 2015/1644.

Editorial notes

[^c23423911]: 2018 c. 16.

[^c23426161]: Reg. 1 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23426231]: Reg. 8 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23423991]: Section 24(1)(c) and (2)(c) was amended by S.I. 2001/3929, S.I. 2009/3131, S.I. 2012/1809 and S.I. 2015/1644.

[^c23426241]: Reg. 9 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23426251]: Reg. 10 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-d107ccb12c23264f70ce8fc40a03890c]: Pt. 2 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 3(3)

[^key-d0517ec944c0f99c11262d3607480a36]: Words in Pt. 3 heading omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 3(4)(a)(i)

[^key-aae58ee9471509dc6e5b3bdf0ae1569d]: Words in Pt. 3 heading omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 3(4)(a)(ii)

[^key-fbfca8daf3e5106ca77eaf2488bf37b7]: Reg. 7 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 3(4)(b)

[^key-f8b3da8ec3da6214bfde032f870daa80]: Reg. 2 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 3(2)