Statutory Instruments
Exiting The European Union
Civil Proceedings
Sift requirements satisfied
20th November 2018
Made
3rd December 2018
Laid before Parliament
6th 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.
Marginal Citations
1. 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.
Commencement Information
I1Reg. 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
2. 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.
Commencement Information
I2Reg. 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
3.—(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)).
Commencement Information
I3Reg. 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
Marginal Citations
4.—(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).
Commencement Information
I4Reg. 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
Marginal Citations
M3S.I. 1991/724. Relevant amending instruments are S.I. 2008/2934 and S.I. 2014/821.
5.—(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.
Commencement Information
I5Reg. 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
Marginal Citations
6. The European Communities (European Order for Payment) (Scotland) Regulations 2009 M6 are revoked.
Commencement Information
I6Reg. 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
Marginal Citations
7. Regulation (EC) No 805/2004 is revoked.
Commencement Information
I7Reg. 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
8. 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.
Commencement Information
I8Reg. 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
9. Regulation (EC) No 1896/2006 is revoked.
Commencement Information
I9Reg. 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
10. Regulation (EC) No 861/2007 is revoked.
Commencement Information
I10Reg. 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
11. 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.
Commencement Information
I11Reg. 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
Marginal Citations
M7Paragraph 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.
12. 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.
Commencement Information
I12Reg. 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
13. 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.
Commencement Information
I13Reg. 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
14. 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.
Commencement Information
I14Reg. 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
15. 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.
Commencement Information
I15Reg. 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
16. 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.]
Textual Amendments
F1Pt. 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
Commencement Information
I16Reg. 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
Signed by authority of the Secretary of State for Justice.
Lucy Frazer
Parliamentary Under Secretary of State
Ministry of Justice
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c)) arising from the withdrawal of the United Kingdom from the European Union.
These Regulations make amendments to legislation in the field of cross-border civil judicial cooperation relating to (i) the European Enforcement Order (EEO) as provided for by 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 805/2004”), (ii) the European order for payment procedure (EOPP) as provided for by 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 1896/2006”), and (iii) the European Small Claims Procedure (ESCP) as provided for by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (“Regulation (EC) No 861/2007”).
Part 2 makes consequential amendments to the Debt Relief (Developing Countries) Act 2010.
Part 3 amends the High Court and County Courts Jurisdiction Order 1991 and the High Court and County Courts Jurisdiction (Amendment) Order 2008, and revokes the European Communities (European Order for Payment) (Scotland) Regulations 2009.
Part 4 revokes Regulation (EC) No 805/2004, Regulation (EC) No 1896/2006 and Regulation (EC) No 861/2007 and makes revocations and amendments to related retained EU law.
Part 5 saves and modifies certain legislation relating to the EEO, EOPP and ESCP for application to certain proceedings following exit day.
A full impact assessment has not been published for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.