The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Amendment of the Family Law Act 1986

2.—(1) The Family Law Act 1986(1) is amended as follows.

(2) In section 14(2) (power of court to refuse application or sist proceedings) in subsection (2)—

(a) at the end of paragraph (b) insert “or”,

(b) omit paragraph (c), and

(c) in the words following paragraph (d), omit “Article 15 of the Council Regulation or” and “of the Council Regulation”.

(3) In section 15(3) (duration, variation and recall of orders) in subsection (1)(b) omit “or by virtue of the Council Regulation”.

(4) In section 17A(4), omit “Sections 2 and 3 of Chapter II of the Council Regulation and are subject to”.

(5) In section 26(5) (recognition: special Scottish rule), omit subsection (2).

(6) In section 42(6) (general interpretation of Part 1), in subsection (1), omit the definition of “the Council Regulation”.

(7) In section 45(7) (recognition in the United Kingdom of overseas divorces, annulments and legal separations)—

(a) in subsection (1) omit “subsection (2) of this section and to”, and

(b) omit subsection (2).

(8) In section 54(8) (interpretation of Part 2), in subsection (1), omit the definition of “the Council Regulation”.

(1)

1986 c.55.

(2)

Section 14 was amended by the Children Act 1989 (c.41), schedule 13, paragraph 62(2)(a), S.S.I. 2005/42 and S.S.I. 2010/213.

(3)

Section 15 was amended by the Children Act 1989 (c.41), schedule 13, paragraph 62(2)(a), the Children (Scotland) Act 1995 (c.36), schedule 4, paragraph 41(4) and schedule 5, paragraph 1 and S.S.I. 2001/36.

(4)

Section 17A was inserted by S.S.I. 2005/42 and amended by S.S.I. 2010/213.

(5)

Section 26(2) was inserted by S.S.I. 2001/36 and amended by S.S.I. 2005/42.

(6)

Section 42 was amended by S.S.I. 2005/623 and S.S.I. 2010/213.

(7)

Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.

(8)

The definition in section 54(1) was inserted by S.S.I. 2005/42.