Statutory Instrument 1990 No. 2591

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

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© Crown Copyright 1990

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1990 No. 2591

JUDGMENTS

The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990

At the Court at Buckingham Palace, the 19th day of December 1990

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters^[1] was signed on 27th September 1968;

And whereas a Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities^[2] was signed on 3rd June 1971:

And whereas a Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention^[3], signed by Her Majesty's Government on 9th October 1978, was ratified on 7th October 1986 by Her Majesty's Government and entered into force for the United Kingdom on 1st January 1987:

And whereas the Civil Jurisdiction and Judgments Act 1982^[4] gave the force of law to these Conventions and to the Protocol in the United Kingdom:

And whereas by section 14(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom has agreed to a revision of either of these Conventions or the Protocol, including in particular any revision connected with the accession to the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of the revision:

And whereas a Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention^[5] was signed on 26th May 1989, and in consequence Her Majesty's Government in the United Kingdom has agreed to a revision of the above mentioned Conventions and Protocol:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 14 of the Civil Jurisdiction and Judgments Act 1982 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order may be cited as the Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and to the Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

    2.    In this Order "the Act" means the Civil Jurisdiction and Judgments Act 1982.

    3.    The following shall be inserted before the final item in section 1(1) of the Act—
""the 1989 Accession Convention" means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention and the 1982 Accession Convention, signed at Donostia — San Sebastián on 26th May 1989,"

    4.    The following shall be substituted for the final item in section 1(1) of the Act—
""the Conventions" means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention."

    5.    The following shall be substituted for section 1(2)(a) of the Act—
"(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention; and"

    6.    The following shall be substituted for section 1(3) of the Act—
"  (3)  In this Act "Contracting State" means—
(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and The Netherlands); or

(b) one of the parties acceding to that Convention under the Accession Convention (Denmark, the Republic of Ireland and the United Kingdom), or under the 1982 Accession Convention (the Hellenic Republic), or under the 1989 Accession Convention (Spain and Portugal),

being a state in respect of which the Accession Convention has entered into force in accordance with Article 39 of that Convention, or being a state in respect of which the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, or being a state in respect of which the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention, as the case might be."

    7.    The following shall be substituted for section 2(2) of the Act—
"  (2)  For convenience of reference there are set out in Schedules 1, 2, 3, 3A and 3B respectively the English texts of—
(a) the 1968 Convention as amended by Titles II and III of the Accession Convention, by Titles II and III of the 1982 Accession Convention and by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention;

(b) the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention and by Title IV of the 1989 Accession Convention;

(c) Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d) Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e) Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention and in Article 34 of the 1989 Accession Convention."

    8.    The following shall be inserted after paragraph (c) of section 3(3) of the Act—
"; and
(d) the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention^[6],"

    9.    The following shall be substituted for the first item in section 50 of the Act—
""the Accession Convention", "the 1982 Accession Convention" and "the 1989 Accession Convention" have the meaning given by section 1(1);"

    10.    The following shall be substituted for section 39(2)(c) and (d) of the Act—
"(c) any colony."

    11.    The following shall be substituted for section 52(2)(c) and (d) of the Act—
"(c) any colony."

    12.—(1)  The text set out in Schedule 1 to this Order shall be substituted for the text set out in Schedule 1 to the Act.

    (2)  The text set out in Schedule 2 to this Order shall be substituted for the text set out in Schedule 2 to the Act.

    (3)  The text set out in Schedule 3 to this Order shall be substituted for the text set out in Schedule 3 to the Act.

    (4)  The text set out in Schedule 4 to this Order shall be inserted after Schedule 3A to the Act.

G. I. de Deney

Clerk of the Privy Council

[1] OJ No. L 304, 30.10.1978, p.36. back

[2] OJ No. L 304, 30.10.1978, p.50. back

[3] OJ No. L 304, 30.10.1978, p.1. back

[4] 1982 c. 27, as amended by S.I. 1989/1346. back

[5] OJ No. L 285, 3.10.1989, p.1. back

[6] OJ No. C. 189, 28.7.1990, p.35. back

Explanatory Note