Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988

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Interpretation.

1.—(1) In this Act—

“the 1978 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol of the State, Denmark and the United Kingdom, signed at Luxembourg on the 9th day of October, 1978;

“the 1982 Accession Convention” means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention) of the Hellenic Republic, signed at Luxembourg on the 25th day of October, 1982;

“Contracting State” means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or

(b) one of the parties acceding to the 1968 Convention under the 1978 Accession Convention or the 1982 Accession Convention (the State, Denmark, the United Kingdom and the Hellenic Republic),

being a state in respect of which the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or, as may be appropriate, the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention, and, where the context so allows, “Contracting State” shall be construed so as to enable this Act to have effect as respects the places as respects which the 1968 Convention has effect by virtue of Article 60;

“the 1968 Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on the 27th day of September, 1968;

“the Conventions” means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention and, on and from the commencement of section 3 of this Act, in so far as it relates to the 1982 Accession Convention, the 1982 Accession Convention;

“court” includes a tribunal;

“enforcement order” means—

(a) an order made by the Master of the High Court under section 5 of this Act for the recognition or enforcement of the whole or part of a judgment, or

(b) an order of the High Court for the recognition or enforcement of the whole or part of an instrument or settlement referred to in Title IV of the 1968 Convention,

and includes an enforcement order made or varied on appeal from a decision of the Master of the High Court or a decision of the High Court;

“the European Communities” has the same meaning as in section 1 of the European Communities Act, 1972 ;

“the European Court” means the Court of Justice of the European Communities;

“judgment”, except in section 2 of this Act but subject to section 6 of this Act, means a judgment or order to which, by virtue of the said section 2 , this Act applies;

“maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides;

“maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order;

“maintenance order” means, subject to section 6 of this Act, a judgment that is a judgment relating to maintenance (within the meaning of the 1968 Convention) in so far, but only in so far, as it provides for the making of periodic payments;

“the Minister” means the Minister for Justice;

“non-contracting state” means any state, country or territory other than a Contracting State;

“the 1971 Protocol” means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on the 3rd day of June, 1971.

(2) A document purporting to be a copy of a judgment given by a court of a Contracting State shall, for the purposes of this Act, be regarded as being duly authenticated if it purports—

(a) to bear the seal of that court, or

(b) to be certified by a person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

(3) In this Act, unless the context otherwise requires—

(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to the 1968 Convention, the 1971 Protocol or the provision, as the case may be, as amended by—

(i) the 1978 Accession Convention, and

(ii) after the commencement of section 3 of this Act, in so far as it relates to the 1982 Accession Convention, the 1982 Accession Convention,

(b) any reference to a numbered Article is, unless the context otherwise requires, a reference to the Article so numbered of the 1968 Convention and any reference to a subdivision of a numbered Article shall be construed accordingly.

(4) (a) The Minister for Foreign Affairs may by order declare—

(i) that any state specified in the order is a Contracting State, or

(ii) that a declaration (the text of which shall be set out in the order) has been made pursuant to Article 60 or Article IV, or a communication (the text of which shall be set out in the order) has been made pursuant to Article VI, to the Secretary-General of the Council of the European Communities.

(b) An order that is in force under this subsection shall be evidence—

(i) as respects any declaration under paragraph (a) (i) therein, that any state to which the declaration relates is a Contracting State, and

(ii) as respects any declaration under paragraph (a) (ii) therein, that the declaration pursuant to Article 60 or Article IV, or, as the case may be, the communication pursuant to Article VI, to which the first mentioned declaration relates was made and of its contents.

(c) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph.