Statutory Instruments
2018 No. 1124
Exiting The European Union
Private International Law
The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018
Sift requirements satisfied
16th October 2018
Made
30th October 2018
Laid before Parliament
1st November 2018
Coming into force in accordance with regulation 1
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of and paragraph 21(b) of Schedule 7 to that Act.
PART 1 Introduction
Citation and commencement
1. These Regulations may be cited as the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 and come into force on exit day.
Interpretation
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PART 2 The rights etc deriving from the 2005 Hague Convention
Rights etc deriving from the 2005 Hague Convention
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Choice of court agreements concluded before exit day
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Choice of court agreements concluded before the 2005 Hague Convention again enters into force for the United Kingdom
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Choice of court agreements concluded after the 2005 Hague Convention again enters into force for the United Kingdom
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PART 3 ... Amendment of primary ... legislation
Primary and subordinate legislation referring to the 2005 Hague Convention
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Civil Jurisdiction and Judgments Act 1982
8. In section 24 of the Civil Jurisdiction and Judgments Act 1982 (interim relief and protective measures in cases of doubtful jurisdiction)—
(a) in subsection (1)(c) (proceedings in England and Wales or Northern Ireland involving a reference to the European Court), omit “or the 2005 Hague Convention”;
(b) in subsection (2)(c) (proceedings in Scotland involving a reference to the European Court), omit “or the 2005 Hague Convention”.
PART 4 Amendment of retained direct EU legislation
Council Decision of 26 February 2009 ( 2009/397/EC )
9. Council Decision of 26 February 2009 on the signing on behalf of the European Community of the Convention on Choice of Court Agreements (
Council Decision of 4 December 2014 (2014/887/EU)
10. Council Decision of 4 December 2014 on the approval, on behalf of the European Union, of the Convention on Choice of Court Agreements (2014/887/EU) is revoked.
Signed by authority of the Secretary of State for Justice
Lucy Frazer
Parliamentary Under-Secretary of State
Ministry of Justice