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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

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 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

2. In these Regulationsβ€”

β€œ Regulation ” means Regulation

β€œ Regulation ” means Regulation

β€œ Regulation ” means Regulation

PART 2 Amendment of primary legislation

Amendment of the Debt Relief (Developing Countries) Act 2010

3. β€”(1)The Debt Relief (Developing Countries) Act 2010 is amended as follows.

(2) In section 7 (exception for overriding EU or international obligations)β€”

(a) in the heading omit the words β€œEU or”;

(b) in subsection (1) for β€œEuropean Union law, or by an international obligation of the United Kingdom,” substitute β€œ an international obligation of the United Kingdom ” ;

(c) in subsection (2) omit paragraphs (a) and (b) (and the β€œor” after paragraph (b)).

PART 3 Amendment and revocation of subordinate legislation

Amendment of the High Court and County Courts Jurisdiction Order 1991

4. β€”(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 2008

5. β€”(1)The High Court and County Courts Jurisdiction (Amendment) Order 2008 is amended as follows.

(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 2009

6.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

7. Regulation

Revocation of Commission Regulation (EC) No 1869/2005

8. Commission Regulation

Revocation of Regulation (EC) No 1896/2006

9. Regulation

Revocation of Regulation (EC) No 861/2007

10. Regulation

Amendment of Regulation (EC) No 1103/2008

11. In Regulation Article 251 of the Treaty to Council Decision

Revocation of Commission Regulation (EU) No 936/2012

12. Commission Regulation (EU) No 936/2012 of 4 October 2012 amending the Annexes to Regulation

Revocation of Regulation (EU) No 2015/2421

13.Regulation (EU) No 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation

Revocation of Commission Delegated Regulation (EU) 2017/1259

14. Commission Delegated Regulation (EU) 2017/1259 of 19 June 2017 replacing Annexes I, II, III and IV to Regulation

Revocation of Commission Delegated Regulation (EU) 2017/1260

15. Commission Delegated Regulation (EU) 2017/1260 of 19 June 2017 replacing Annex I to Regulation

PART 5 Saving Provisions

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

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.

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)

Displaying information

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 1legTermSW9sGgwh
Regulation\n \n (EC) No 805/2004reg. 2. of PART 1legTermlxgDfkYH
Regulation\n \n (EC) No 861/2007reg. 2. of PART 1legTermFVaLr5Z2

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.