Jurisdiction of Courts and Enforcement of Judgments Act, 1993

PART II

Amendments to Principal Act consequent on 1989 Accession Convention

Amendment of section 1 of Principal Act.

3.—Section 1 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of the following definitions for the definitions of “Contracting State” and “the Conventions”:

“‘the 1989 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 and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic signed at San Sebastián on the 26th day of May, 1989;”,

“‘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, the 1982 Accession Convention or the 1989 Accession Convention (the State, Denmark, the United Kingdom, the Hellenic Republic, Spain and the Portuguese Republic),

being a state in respect of which, as may be appropriate, the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention or the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention;”,

“‘the Conventions’ means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention;”,

(b) by the substitution of the following subsection for subsection (3):

“(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,

(ii) the 1982 Accession Convention, and

(iii) the 1989 Accession Convention in so far as it is in force between the State and a state in respect of which the aforesaid Convention has entered into force in accordance with Article 32 thereof,

(b) any reference to a numbered Article is 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.”,

and

(c) in subsection (4), by the deletion of “Article 60 or” in each place where it occurs.