
1 
These Regulations may be cited as the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001 and shall come into force on 1st March 2001.
2 
Other than regulations 1 and 5 and this regulation, which extend also to Northern Ireland, these Regulations extend to England and Wales only.
3 

(1) Section 5 of the Domicile and Matrimonial Proceedings Act 1973 is amended as follows.
(2) In subsection (1) omit the words from “; and in this Part” to the words “Family Proceedings Act 1984”.
(3) After subsection (1) insert the following subsection—“
(1A) In this Part of this Act—
 “the Council Regulation” means Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses;
 “Contracting State” means—
(a) one of the original parties to the Council Regulation, that is to say Belgium, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the United Kingdom, and
(b) a party which has subsequently adopted the Council Regulation; and
 “the court” means the High Court and a divorce county court within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.”.
(4) For subsection (2) substitute—“
(2) The court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—
(a) the court has jurisdiction under the Council Regulation; or
(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage is domiciled in England and Wales on the date when the proceedings are begun.”.
(5) For subsection (3) substitute—“
(3) The court shall have jurisdiction to entertain proceedings for nullity of marriage if (and only if)—
(a) the court has jurisdiction under the Council Regulation; or
(b) no court of a Contracting State has jurisdiction under the Council Regulation and either of the parties to the marriage—
(i) is domiciled in England and Wales on the date when the proceedings are begun; or
(ii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of one year ending with the date of death.”.
(6) After subsection (3) insert—“
(3A) Subsections (2) and (3) above do not give the court jurisdiction to entertain proceedings in contravention of Article 7 of the Council Regulation.”.
4 
In paragraph 9(1) of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973, after “in any matrimonial proceedings” insert—
 “, other than proceedings governed by the Council Regulation,”.
5 
In section 12 of the Child Abduction and Custody Act 1985, after subsection (2) insert—“
(3) But those provisions of the Convention are subject to Article 37 of Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (under which the Regulation takes precedence over the Convention), and the provisions of this Part of this Act, and any rules of court made pursuant to section 24 of this Act, shall be construed accordingly.”.
6 
In section 2(1) of the Family Law Act 1986, after the word “unless” insert—“—
(a) the child concerned is a child of both parties to the matrimonial proceedings and the court has jurisdiction to entertain those proceedings by virtue of the Council Regulation, or
(b) ”.
7 
In section 5(2) of the Family Law Act 1986, after “for the variation of a Part I order,” insert “other than proceedings governed by the Council Regulation,”.
8 
At the end of section 42(1) of the Family Law Act 1986, insert—“
 “the Council Regulation” means Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.”.
9 
In section 45 of the Family Law Act 1986—
(a) for “Subject”, substitute “(1) Subject to subsection (2) of this section and”; and
(b) at the end, insert—“
(2) Subsection (1) and the following provisions of this Part do not apply to an overseas divorce, annulment or legal separation as regards which provision as to recognition is made by Articles 14 to 20 of the Council Regulation.”.
10 
In section 54(1) of the Family Law Act 1986, after the definition of “annulment” insert—“
 “the Council Regulation” means Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses;”.
11 
The amendments to the Domicile and Matrimonial Proceedings Act 1973 made by regulations 3 and 4 shall not apply in respect of proceedings commenced before 1st March 2001.
Irvine of Lairg, C.
Dated 2nd February 2001