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Statutory Instruments

2018 No. 1311

Exiting The European Union

Civil Proceedings

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

Sift requirements satisfied

20th November 2018

Made

3rd December 2018

Laid before Parliament

6th December 2018

Coming into force in accordance with regulation 1

M1 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 I1

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.

Interpretation I2

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.

PART 2 Amendment of primary legislation

Amendment of the Debt Relief (Developing Countries) Act 2010I3

M23. —(1)The Debt Relief (Developing Countries) Act 2010 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)).

PART 3 Amendment and revocation of subordinate legislation

Amendment of the High Court and County Courts Jurisdiction Order 1991I4

M34. —(1)The High Court and County Courts Jurisdiction Order 1991 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).

Amendment of the High Court and County Courts Jurisdiction (Amendment) Order 2008I5

M45. —(1)The High Court and County Courts Jurisdiction (Amendment) Order 2008 is amended as follows.

M5 (2) Omit articles 3, 5 and 7 (amendments to the High Court and County Courts Jurisdiction Order 1991) .

Revocation of the European Communities (European Order for Payment) (Scotland) Regulations 2009I6

M66.The European Communities (European Order for Payment) (Scotland) Regulations 2009 are revoked.

PART 4 Amendment and revocation of retained direct EU legislation

Revocation of Regulation (EC) No 805/2004 I7

7. Regulation (EC) No 805/2004 is revoked.

Revocation of Commission Regulation (EC) No 1869/2005 I8

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.

Revocation of Regulation (EC) No 1896/2006 I9

9. Regulation (EC) No 1896/2006 is revoked.

Revocation of Regulation (EC) No 861/2007 I10

10. Regulation (EC) No 861/2007 is revoked.

Amendment of Regulation (EC) No 1103/2008 I11

M711. 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 .

Revocation of Commission Regulation (EU) No 936/2012I12

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.

Revocation of Regulation (EU) No 2015/2421I13

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.

Revocation of Commission Delegated Regulation (EU) 2017/1259I14

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.

Revocation of Commission Delegated Regulation (EU) 2017/1260I15

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.

PART 5 Saving Provisions

[F1 Saving: application of Article 67 of the withdrawal agreement – European Enforcement Orders and European Orders for Payment applied for before IP completion day and European Small Claims Procedures commenced before IP completion day I16

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. F1]

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 European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018.
The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018 (2018/1311)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
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) , 3substituted
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. 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
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
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
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
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
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
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
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
M12018 c. 16 .
M22010 c. 22 .
M3S.I. 1991/724 . Relevant amending instruments are S.I. 2008/2934 and S.I. 2014/821 .
M4S.I. 2008/2934 .
M5S.I. 1991/724 .
M6S.S.I. 2009/99 .
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.
Defined TermSection/ArticleIDScope of Application
Regulation\n \n (EC) No 1896/2006reg. 2. of PART 1legTermznF577RZ
Regulation\n \n (EC) No 805/2004reg. 2. of PART 1legTermURWOzvEz
Regulation\n \n (EC) No 861/2007reg. 2. of PART 1legTerm3h8KDSkv
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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