2020 No. 1493

Exiting The European Union

Civil Proceedings

Criminal Law

Evidence

Family Proceedings

Judgments

Legal Aid And Advice

Mediation

Private International Law

The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020

Made9th December 2020

Laid before Parliament10th December 2020

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8B of and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018¹ and section 41(1) of the European Union (Withdrawal Agreement) Act 2020².

1 Citation, commencement and extent¶

1 These Regulations may be cited as the Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 and come into force immediately before IP completion day.

2 Subject to paragraph (3), these Regulations extend to England and Wales, Scotland and Northern Ireland.

3 Any amendment made by these Regulations has the same extent as the enactment it amends.

2 Amendment of the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018¶

1 The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018³ are amended as follows.

2 In regulation 2 (interpretation of Part 2), omit the entries for “central body” and “receiving agency”.

3 For regulations 8 and 9 (savings: judicial and extrajudicial documents received in the United Kingdom before exit day) substitute—

4 For regulation 10(2) (the Agreement: cessation, and saving of rights etc.) substitute—

5 For regulation 13 (saving: Regulation (EC) No 1206/2001 – requests received in the United Kingdom before exit day) substitute—

3 Amendment of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018¶

For Part 5 of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (saving provisions)⁴ substitute—

4 Amendment of the Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019¶

1 The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019⁵ are amended as follows.

2 In regulation 1(2) (citation, commencement and extent)—

a for “, revocation or modification” substitute “or revocation”, and

b for “, revoked or modified” substitute “or revoked”.

3 In regulation 2 (revocation and saving of the Cross-Border Mediation (EU Directive) Regulations 2011)—

a in the heading, omit “and saving”, and

b omit paragraphs (2), (3) and (4).

4 In regulation 3 (revocation and saving of the Cross-Border Mediation Regulations (Northern Ireland) 2011)—

a in the heading, omit “and saving”, and

b omit paragraphs (2), (3) and (4).

5 For regulation 5 (mediations begun before exit day: saving and transitional provisions) substitute—

6 Omit Schedule 2 (modification of legislation).

5 Amendment of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019¶

1 The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019⁶ are amended as follows.

2 In each of the following for “exit day” substitute “IP completion day”—

a regulation 6(2)(b)(ii) (Civil Jurisdiction and Judgments Act 1982), in the insertion made by that regulation to the definition of “the Regulation” in section 1(1) of the Civil Jurisdiction and Judgments Act 1982⁷;

b regulation 26 (jurisdiction in consumer and employment matters)—

i in the new section 15A(2) of the Civil Jurisdiction and Judgments Act 1982 (scope of sections 15B to 15E) inserted by that regulation, and

ii in the new section 15E(2)(a) of the Civil Jurisdiction and Judgments Act 1982 (interpretation) inserted by that regulation, in both places where it appears;

c regulation 28 (jurisdiction in other civil proceedings)—

i in the substitution made by paragraph (2) of that regulation, and

ii in the new subsection (3A) inserted into section 16 of the Civil Jurisdiction and Judgments Act 1982 (allocation within UK or jurisdiction in certain civil proceedings) by paragraph (5) of that regulation;

d regulation 31(4) (recognition of judgments), in the new section 20(6) of the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland) inserted by that regulation;

e regulation 73 (the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997)—

i in the insertion made by paragraph (2) of that regulation, and

ii in the new paragraph (2) inserted into article 4 of the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997⁸ by paragraph (3)(b) of that regulation;

f regulation 82(1) (the 1968 Convention, the Lugano Conventions and the EC-Denmark Agreement);

g regulation 92(1) and (3) (savings relating to jurisdiction, recognition and enforcement), wherever it appears;

h regulation 93(2) and (3) (modifications of relevant instruments and EU-derived domestic legislation saved by regulation 92), wherever it appears, and

i regulation 95(4) (interpretation of this Part).

3 In regulation 92(2)—

a at the end of sub-paragraph (a), insert “except where it was superseded by Regulation (EU) No 1215/2012 in accordance with article 68 of that Regulation;”;

b omit sub-paragraph (c);

c omit sub-paragraph (e), and

d omit sub-paragraph (f).

4 After regulation 93 insert—

93A Saving relating to jurisdiction, recognition and enforcement: application of Articles 67 and 69 of the withdrawal agreement

Nothing in these Regulations affects the application of paragraphs 1(a) and 2(a) of Article 67 and paragraph 2 of Article 69 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 or revocations had not been made.

93B Saving for requests received before IP completion day through the European Judicial Network: application of Article 68 of the withdrawal agreement

Nothing in these Regulations affects the application of paragraph (c) of Article 68 of the withdrawal agreement and Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (2001/470/EC) continues to have effect for the purposes of that paragraph.

5 Omit regulation 94 (savings for European Enforcement Orders and European Orders for Payment applied for, and European Small Claims Procedures commenced, before exit day).

6 Amendment of the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019¶

1 The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019⁹ are amended as follows.

2 After regulation 1 (citation, commencement and extent) insert—

7 Amendment of the Civil Legal Aid (Amendment) (EU Exit) Regulations 2019¶

1 The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019¹⁰ are amended as follows.

2 In each of the following, for “exit day” substitute “IP completion day”—

a regulation 8(2) and (3) (transitional provision – England and Wales), wherever it appears, and

b regulation 9(2) and (3) (transitional provision – Northern Ireland), wherever it appears.

3 After regulation 8(3), insert—

4 After regulation 9(3), insert—

8 Amendment of the Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019¶

1 The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019¹¹ are amended as follows.

2 In each of the following, for “exit day” substitute “IP completion day”—

a regulation 22 (transitional and saving provision – Part 6), wherever it appears;

b regulation 23 (transitional and saving provision – Part 9 and Part 12), wherever it appears;

c regulation 24 (transitional and saving provision – Part 20);

d regulation 25 (transitional and saving provision – Part 24), in both places where it appears;

e regulation 26(1) (transitional and saving provision – Part 31);

f regulation 27(1) (transitional and saving provision – Part 34);

g regulation 28 (transitional and saving provision – Part 35), wherever it appears, and

h regulation 33 (transitional and saving provision), wherever it appears.

3 After regulation 28, insert—

9 Amendment of the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019¶

1 The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019¹² are amended as follows.

2 In each of the following, for “exit day” substitute “IP completion day”—

a regulation 17 (transitional and saving provision – Part 5), wherever it appears;

b regulation 18 (transitional and saving provision – Part 6), wherever it appears;

c regulation 19 (transitional and saving provision – Part 12), in both places where it appears;

d regulation 20 (transitional and saving provision – Part 25), in both places where it appears;

e regulation 22 (transitional and saving provision – Part 31), in both places where it appears;

f regulation 23 (transitional and saving provision – Part 34), wherever it appears;

g regulation 24 (transitional and saving provision – Part 63), wherever it appears;

h regulation 25 (transitional and saving provision – Part 68), in both places where it appears;

i regulation 26 (transitional and saving provision – Part 74), wherever it appears, and

j regulation 27 (transitional and saving provision – Part 74 and Part 78), wherever it appears.

3 After regulation 18(3), insert—

4 After regulation 26(2), insert—

5 In regulation 27(2)(a), for “any of regulations 16 to 18; and regulation 19” substitute “regulation 16”.

10 Amendment of the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019¶

After regulation 2 of the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (revocation of the Victims of Violent Intentional Crime (Arrangements for Compensation) (European Communities) Regulations 2005)¹³, insert—

EXPLANATORY NOTE¶

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8B of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16), and section 41(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

These Regulations make amendments to a number of statutory instruments that made provision in relation to the United Kingdom’s exit from the European Union. In particular, they amend the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479); the Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/505); the Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), and the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521) in order to update references to ‘exit day’ to ‘IP completion day’. These Regulations also amend those instruments, as well as the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1257); the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1311); the Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469); the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/493), and the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), in order to ensure alignment with the United Kingdom’s obligations under articles 67, 68 and 69 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, which make provision for the treatment of matters which are already ongoing at the end of the transition period.

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

1
2018 c. 16. Section 8B was inserted by section 18 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).
2
2020 c. 1.
3
S.I. 2018/1257.
4
S.I 2018/1311.
5
S.I. 2019/469.
6
S.I. 2019/479.
7
1982 c. 27.
8
S.I. 1997/2602.
9
S.I. 2019/493.
10
S.I. 2019/505.
11
S.I. 2019/517.
12
S.I. 2019/521.
13
S.I. 2019/780.