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Statutory Instruments

2018 No. 1257

Exiting The European Union

Civil Proceedings

Evidence

Family Proceedings

The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018

Sift requirements satisfied

13th November 2018

Made

28th November 2018

Laid before Parliament

30th November 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 .

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

Citation and commencement

1. These Regulations may be cited as the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 Service of Documents in Civil and Commercial Matters

Chapter 1 Interpretation

Interpretation of Part 2

2. In this Part—

“ the 2001 Regulations ” means the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 ;

“ the 2008 Regulations ” means the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Amendment Regulations 2008 ;

“ the Agreement ” means the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters ;

“ Regulation (EC) No 1393/2007 ” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters and repealing Council Regulation (EC) No. 1348/2000 ;

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Chapter 2 Revocations

Revocation of the 2001 Regulations

3. The 2001 Regulations are revoked.

Revocation of the 2008 Regulations

4. The 2008 Regulations are revoked.

Revocation of Council Decision 2005/794/EC

5. Council Decision Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, is revoked.

Revocation of Council Decision 2006/326/EC

6. Council Decision Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, is revoked.

Revocation of Regulation (EC) 1393/2007

7. Regulation

Chapter 2 Savings

Saving relating to the service of judicial and extrajudicial documents: application of Article 68 of the withdrawal agreement

8.—(1) Nothing in this Part affects the application of paragraph (a) of Article 68 of the withdrawal agreement.

(2) The 2001 Regulations continue to have effect for the purposes of that paragraph as if they had not been revoked by regulation 3 of these Regulations.

(3) Regulation (EC) 1393/2007 continues to have effect for the purposes of that paragraph.

Saving: Regulation (EC) No 1393/2007 - judicial and extrajudicial documents received in the United Kingdom before exit day

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 The Agreement - cessation, and saving, of rights etc.

The Agreement: cessation, and saving, of rights etc.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Taking of Evidence in Civil and Commercial Matters

Interpretation of Part 3

11. In this Part “ Regulation ” means Regulation Member States in the taking of evidence in civil or commercial matters.

Revocation of Regulation (EC) 1206/2001

12. Regulation

Saving relating to requests received before IP completion day: application of Article 68 of the withdrawal agreement

13. Nothing in this Part affects the application of paragraph (b) of Article 68 of the withdrawal agreement and Regulation (EC) No 1206/2001 continues to have effect for the purposes of that paragraph.

Signed by authority of the Secretary of State for Justice.

Lucy Frazer

Parliamentary Under Secretary of State,

Ministry of Justice

Status: There are currently no known outstanding effects for the The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018.
The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 (2018/1257)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1493) , regs. 1(1) , 2(2)omitted
F2Reg. 8 substituted for regs. 8, 9 (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) , 2(3)substituted
F2Reg. 8 substituted for regs. 8, 9 (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) , 2(3)substituted
F3Pt. 2 Ch. 3 omitted (1.3.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024 (S.I. 2024/80) , reg. 1(2) , Sch. para. 6omitted
F4Reg. 13 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) , 2(5)substituted
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
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
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
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
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
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
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
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
I9Reg. 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
I10Reg. 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
I11Reg. 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
M12018 c. 16 .
M2S.S.I. 2001/172 , amended by S.S.I. 2008/372 .
M3S.S.I. 2008/372 .
M4OJ No L 300, 17.11.2005, p.55.
Defined TermSection/ArticleIDScope of Application
Regulation\n \n (EC) No 1206/2001reg. 11. of PART 3legTermmEVnhTRm
Regulation\n \n (EC) No 1393/2007reg. 2. of Chapter 1 of PART 2legTermcHz0kiIK
the 2001 Regulationsreg. 2. of Chapter 1 of PART 2legTermrL88tGpa
the 2008 Regulationsreg. 2. of Chapter 1 of PART 2legTermAZE7hJwv
the Agreementreg. 2. of Chapter 1 of PART 2legTermgqL9JdG4

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.