S.I. No. 648/2005 - European Communities (European Enforcement Order) Regulations 2005
STATUTORY INSTRUMENT | ||||||
EUROPEAN COMMUNITIES (EUROPEAN ENFORCEMENT ORDER) REGULATIONS 2005 | ||||||
I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EC) No. 805/2004 of 21 April 20041 creating a European Enforcement Order for uncontested claims make the following Regulations: | ||||||
Citation and commencement. | 1. (1) These Regulations may be cited as the European Communities (European Enforcement Order) Regulations 2005. | |||||
(2) These Regulations shall come into operation on 21 October 2005. | ||||||
Interpretation. | 2. (1) A word or expression that is used in these Regulations and is also used in 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 shall have in these Regulations the same meaning as it has in that Regulation unless the contrary intention appears. | |||||
(2) A reference in these Regulations- | ||||||
(a) to any enactment shall, unless the context otherwise requires be construed as a reference to that enactment as amended or extended by any other enactment, | ||||||
(b) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that a reference to some other provision is intended, | ||||||
(c) a reference to a paragraph, subparagraph or clause is a reference to a paragraph, subparagraph or clause of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended. | ||||||
Amendment of section 84 of Courts of Justice Act 1924. | 3. Section 84 of the Courts of Justice Act 1924 (No. 10 of 1924) is amended by substituting “Subject to Article 10(4) of 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, an” for “An”. | |||||
Amendment of Courts of Justice Act 1936. | 4. The Courts of Justice Act 1936 (No. 48 of 1936) is amended by inserting the following after section 38: | |||||
“Sections 37 and 38 not to prejudice Article 10(4) of Regulation (EC) No. 805/2004. | ||||||
38A. Neither section 37 nor 38 of this Act shall operate to prejudice the generality of Article 10(4) of 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.”. | ||||||
Amendment of section 25 of Courts and Court Officers Act 1995. | 5. Section 25(5) of the Courts and Courts Officers Act 1995 (No.31 of 1995) is amended by substituting “Subject to Article 10(4) of 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, all” for “All”. | |||||
Amendment of section 34 of Courts and Court Officers Act 1995. | 6. Section 34(2) of the Courts and Court Officers Act 1995 is amended by substituting “Subject to Article 10(4) of 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, all” for “All”. | |||||
Enforcement of judgment, court settlement or authentic instrument on uncontested claim which has been certified as European Enforcement Order. | 7. Where a judgment, court settlement or authentic instrument on an uncontested claim has been certified as a European Enforcement Order in a Member State of origin, that judgment, court settlement or authentic instrument, as the case may be- | |||||
(a) shall be of the same force and effect as a judgment of the High Court, and | ||||||
(b) may be enforced by the High Court, and proceedings taken on it, as if it were a judgment of that Court. | ||||||
Applications under Articles 6, 10, 21 and 23 of Regulation (EC) No. 805/2004 of 21 April 2004. | 8. (1) An application referred to in Article 6.1 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the judgment on the uncontested claim. | |||||
(2) An application referred to in Article 6.2 or 10 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the judgment certified as a European Enforcement Order. | ||||||
(3) An application referred to in Article 6.3 of Regulation (EC) No. 805/2004 of 21 April 2004 shall be made to the court which delivered the decision following a challenge to a judgment certified as a European Enforcement Order. | ||||||
(4) The High Court shall have sole jurisdiction in relation to any application referred to in Article 21 or 23 of Regulation (EC) No. 805/2004 of 21 April 2004. | ||||||
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EXPLANATORY NOTE | ||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||
This Regulation sets out the effect on domestic legislation of Council Regulation (EC No. 805/2004 of 21 April 2004 creating a European Enforcement Order for Uncontested Claims and makes the necessary provisions for the good administration of the Regulation. | ||||||