The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

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

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 — Service of Documents in Civil and Commercial Matters

Chapter 1 — Interpretation

Interpretation of Part 2

2

In this Part—

• “the 2001 Regulations” means the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 ;

• “the 2008 Regulations” means the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Amendment Regulations 2008 ;

• “the Agreement” means the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters ;

• “Regulation (EC) No 1393/2007” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters and repealing Council Regulation (EC) No. 1348/2000;

• ...

• ...

Chapter 2 — Revocations

Revocation of the 2001 Regulations

3

The 2001 Regulations are revoked.

Revocation of the 2008 Regulations

4

The 2008 Regulations are revoked.

Revocation of Council Decision 2005/794/EC

5

Council Decision (EC) 2005/794 of 20 September 2005, on the signing, on behalf of the Community, of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, is revoked.

Revocation of Council Decision 2006/326/EC

6

Council Decision (EC) 2006/326 of 27 April 2006, concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, is revoked.

Revocation of Regulation (EC) 1393/2007

7

Regulation (EC) No 1393/2007 is revoked.

Chapter 2 — Savings

Saving: the 2001 Regulations - judicial and extrajudicial documents received in the United Kingdom before exit day

8

• (1) Nothing in this Part affects the application of paragraph (a) of Article 68 of the withdrawal agreement.

• (2) The 2001 Regulations continue to have effect for the purposes of that paragraph as if they had not been revoked by regulation 3 of these Regulations.

• (3) Regulation (EC) 1393/2007 continues to have effect for the purposes of that paragraph.

Saving: Regulation (EC) No 1393/2007 - judicial and extrajudicial documents received in the United Kingdom before exit day

9

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

Chapter 3 — The Agreement - cessation, and saving, of rights etc.

The Agreement: cessation, and saving, of rights etc.

10

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

PART 3 — Taking of Evidence in Civil and Commercial Matters

Interpretation of Part 3

11

In this Part “Regulation (EC) No 1206/2001” means Regulation (EC) No 1206/2001 of the Council of the European Union on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Revocation of Regulation (EC) 1206/2001

12

Regulation (EC) No 1206/2001 is revoked.

Saving: Regulation (EC) No 1206/2001 – requests received in the United Kingdom before exit day

13

Nothing in this Part affects the application of paragraph (b) of Article 68 of the withdrawal agreement and Regulation (EC) No 1206/2001 continues to have effect for the purposes of that paragraph.

Signed

Signed by authority of the Secretary of State for Justice.

Lucy Frazer — Parliamentary Under Secretary of State, — 2018-11-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: S.S.I. 2001/172, amended by S.S.I. 2008/372.

[^f00003]: S.S.I. 2008/372.

[^f00004]: OJ No L 300, 17.11.2005, p.55.

Saving relating to the service of judicial and extrajudicial documents: application of Article 68 of the withdrawal agreement

Saving relating to requests received before IP completion day: application of Article 68 of the withdrawal agreement

Editorial notes

[^c23456791]: 2018 c. 16.

[^c23476331]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476341]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23456801]: S.S.I. 2001/172, amended by S.S.I. 2008/372.

[^c23456811]: S.S.I. 2008/372.

[^c23456821]: OJ No L 300, 17.11.2005, p.55.

[^c23476351]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476361]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476371]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476381]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476391]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476401]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476431]: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476441]: Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^c23476451]: Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-095770c04150fef721e9f119516efcd0]: Reg. 8 substituted for regs. 8, 9 (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 2(3)

[^key-7c91e038dbe2cfa23c0e8ac3c9fe862a]: Words in reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 2(2)

[^key-ec09fda2884fbffd581d28f06d7c1857]: Reg. 13 substituted (31.12.2020 immediately before IP completion day) by The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493), regs. 1(1), 2(5)

[^key-34b5a39dfe95a0146e1cf296754a409c]: Pt. 2 Ch. 3 omitted (1.3.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024 (S.I. 2024/80), reg. 1(2), Sch. para. 6