European Communities (European Enforcement Order) Regulations, 2005
Jurisdiction | Ireland |
Citation | IR SI 648/2005 |
Year | 2005 |
STATUTORY INSTRUMENT | ||
( S.I. No. 648 of 2005 ) | ||
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. |
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(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. |
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(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”. |
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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: |
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“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.... |
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