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The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

Sections22
2018 No. 1311

Exiting The European Union

Civil Proceedings

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

Sift requirements satisfied20th November 2018
Made3rd December 2018
Laid before Parliament6th December 2018
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 M1.
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

I11 Citation and commencement

These Regulations may be cited as the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 and come into force on exit day.

I22 Interpretation

In these Regulations—
  • “Regulation (EC) No 805/2004” means Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims;
  • “Regulation (EC) No 1896/2006” means Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure;
  • “Regulation (EC) No 861/2007” means Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.

PART 2  Amendment of primary legislation

I33 Amendment of the Debt Relief (Developing Countries) Act 2010

1 The Debt Relief (Developing Countries) Act 2010 M2 is amended as follows.
2 In section 7 (exception for overriding EU or international obligations)—
a in the heading omit the words “EU or”;
b in subsection (1) for “European Union law, or by an international obligation of the United Kingdom,” substitute “ an international obligation of the United Kingdom ”;
c in subsection (2) omit paragraphs (a) and (b) (and the “or” after paragraph (b)).

PART 3  Amendment and revocation of subordinate legislation

I44 Amendment of the High Court and County Courts Jurisdiction Order 1991

1 The High Court and County Courts Jurisdiction Order 1991 M3 is amended as follows.
2 In article 1A (interpretation) omit paragraphs (a) and (b).
3 In article 2 (jurisdiction), in paragraph (1), omit sub-paragraphs (q) and (r).
4 Omit article 6B (applications under the European small claims procedure).

I55 Amendment of the High Court and County Courts Jurisdiction (Amendment) Order 2008

1 The High Court and County Courts Jurisdiction (Amendment) Order 2008 M4 is amended as follows.
2 Omit articles 3, 5 and 7 (amendments to the High Court and County Courts Jurisdiction Order 1991) M5.

I66 Revocation of the European Communities (European Order for Payment) (Scotland) Regulations 2009

The European Communities (European Order for Payment) (Scotland) Regulations 2009 M6 are revoked.

PART 4  Amendment and revocation of retained direct EU legislation

I77 Revocation of Regulation (EC) No 805/2004

Regulation (EC) No 805/2004 is revoked.

I88 Revocation of Commission Regulation (EC) No 1869/2005

Commission Regulation (EC) No 1869/2005 of 16 November 2005 replacing the Annexes to Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims is revoked.

I99 Revocation of Regulation (EC) No 1896/2006

Regulation (EC) No 1896/2006 is revoked.

I1010 Revocation of Regulation (EC) No 861/2007

Regulation (EC) No 861/2007 is revoked.

I1111 Amendment of Regulation (EC) No 1103/2008

In Regulation (EC) No 1103/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny, in the Annex, omit paragraph 4 M7.

I1212 Revocation of Commission Regulation (EU) No 936/2012

Commission Regulation (EU) No 936/2012 of 4 October 2012 amending the Annexes to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure is revoked.

I1313 Revocation of Regulation (EU) No 2015/2421

Regulation (EU) No 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure is revoked.

I1414 Revocation of Commission Delegated Regulation (EU) 2017/1259

Commission Delegated Regulation (EU) 2017/1259 of 19 June 2017 replacing Annexes I, II, III and IV to Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure is revoked.

I1515 Revocation of Commission Delegated Regulation (EU) 2017/1260

Commission Delegated Regulation (EU) 2017/1260 of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure is revoked.

PART 5 Saving Provisions

I1616 Saving: application of Article 67 of the withdrawal agreement – European Enforcement Orders and European Orders for Payment applied for before IP completion day and European Small Claims Procedures commenced before IP completion day

Nothing in these Regulations affects the application of paragraphs 2(d), 3(d) and (e) of Article 67 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of those paragraphs as if the amendments and revocations had not been made.

Footnotes

  1. M1
    2018 c. 16.
  2. I1
    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
  3. I2
    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
  4. I3
    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
  5. M2
    2010 c. 22.
  6. I4
    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
  7. M3
    S.I. 1991/724. Relevant amending instruments are S.I. 2008/2934 and S.I. 2014/821.
  8. I5
    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
  9. M4
    S.I. 2008/2934.
  10. M5
    S.I. 1991/724.
  11. I6
    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
  12. M6
    S.S.I. 2009/99.
  13. I7
    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
  14. I8
    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
  15. I9
    Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
  16. I10
    Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
  17. I11
    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
  18. M7
    Paragraph 4 is concerned with Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.
  19. I12
    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
  20. I13
    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
  21. I14
    Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
  22. I15
    Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
  23. F1
    Pt. 5 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), 3
  24. I16
    Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1