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 Regulation β means Regulation
β Regulation β means Regulation
β Regulation β 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 βEU orβ;
(b) in subsection (1) for βEuropean Union law, or by an international obligation of the United Kingdom,β substitute β an international obligation of the United Kingdom β ;
(c) in subsection (2) omit paragraphs (a) and (b) (and the βorβ 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 β 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