The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022

Made: 25th January 2022

Coming into force: 26th January 2022

In accordance with paragraph 4(2)(d) of Schedule 6 to the Act a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022.

• (2) These Regulations come into force on the day after the day on which they are made.

• (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendments to the Civil Jurisdiction and Judgments Act 1982

2

• (1) The Civil Jurisdiction and Judgments Act 1982[^f00002] is amended as follows.

• (2) In section 3D (the 2005 Hague Convention to have the force of law)—

• (a) in subsection (2), for the words from “any reservations or” to the end substitute “the declarations made by the United Kingdom on 28th September 2020 under Article 21 of the Convention, concerning insurance contracts”;

• (b) for subsection (3) substitute—

(3) For convenience of reference there are set out in Schedules 3F and 3FA respectively— (a) the English text of the 2005 Hague Convention; (b) the declarations referred to in subsection (2).

• (3) In section 3E (the 2007 Hague Convention to have the force of law) —

• (a) for subsection (2) substitute—

(2) For the purposes of this Act the 2007 Hague Convention is to be read together with the following reservations and declarations made by the United Kingdom on 28th September 2020— (a) the declaration under Article 2(3) of the Convention, concerning spousal support; (b) the reservation under Article 44(3) of the Convention, concerning the use of French; (c) the declaration under Article 11(1)(g) of the Convention, concerning application contents; (d) the unilateral declaration concerning the application of the Convention.

• (b) for subsection (3) substitute—

(3) For convenience of reference there are set out in Schedules 3G and 3GA respectively— (a) the English text of the 2007 Hague Convention; (b) the reservations and declarations referred to in subsection (2).

• (4) After Schedule 3F, insert new Schedule 3FA which is set out in Schedule 1 to these Regulations.

• (5) After Schedule 3G, insert new Schedule 3GA which is set out in Schedule 2 to these Regulations.

SCHEDULE 1 — SCHEDULE TO BE INSERTED AS SCHEDULE 3FA TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

SCHEDULE 2 — SCHEDULE TO BE INSERTED AS SCHEDULE 3GA TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

Signed

David Wolfson — Parliamentary Under Secretary of State — Ministry of Justice — 25th January 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The United Kingdom has participated in the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague (“the 2005 Hague Convention”), and the Convention on the International Recovery of Child Support and other forms of Family Maintenance concluded on 23 November 2007 at The Hague (“the 2007 Hague Convention”), since 2015 and 2014 respectively by virtue of the United Kingdom’s membership of the EU. In September 2020 the United Kingdom took the necessary steps to join the two Conventions as an independent party as part of its preparation for leaving the EU. This included depositing the necessary instruments of accession and ratification with the depositary. Parliamentary scrutiny of these Conventions prior to accession and ratification took place under the Constitutional Reform and Governance Act 2010 (c. 25) during November and December 2018, which included the text of the declarations and reservation the United Kingdom intended to make. The Private International Law (Implementation of Agreements) Act 2020 (c. 24) implemented the Conventions in the United Kingdom by amending the Civil Jurisdiction and Judgments Act 1982 (c. 27). The Government indicated during the passage of the 2020 Act that it intended to use the power in section 2 of the Act to amend the Civil Jurisdiction and Judgments Act 1982 to ensure the text of the reservations and declarations were available for reference purposes.

These Regulations make those amendments to the Civil Jurisdiction and Judgments Act 1982 so that the United Kingdom’s reservations and declarations to the 2005 Hague Convention and 2007 Hague Conventions appear as new Schedules to that Act.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2020 c. 24. The powers conferred by section 2 of the Act are exercisable by an appropriate national authority. The “appropriate national authority” is defined in section 2(12) of the Act and means in relation to England and Wales, the Secretary of State. In relation to Scotland and Northern Ireland, it can also be the Secretary of State when acting with the consent of the Scottish Ministers and a Northern Ireland department.

[^f00002]: 1982 c. 27. Relevant amendments were made by section 1 of the Private International Law (Implementation of Agreements) Act 2020 (c. 24).