JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (AMENDMENT) ACT 2012

• Jurisdiction: Ireland

Number 7 of 2012
JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (AMENDMENT) ACT 2012
ARRANGEMENT OF SECTIONS
Section
1. Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998.
2. Amendment of Maintenance Act 1994.
3. Repeal of Part III of Jurisdiction of Courts and Enforcement of Judgments Act 1998.
4. Short title, collective citation and construction.
SCHEDULE
Acts Referred to
Civil Law (Miscellaneous Provisions) Act 2011 2011, No. 23 Courts (Supplemental Provisions) Acts 1961 to 2008 Defence Act 1954 1954, No. 18 Enforcement of Court Orders Act 1940 1940, No. 23 Family Law (Maintenance of Spouses and Children) Act 1976 1976, No. 11 Family Law Act 1995 1995, No. 26 Jurisdiction of Courts and Enforcement of Judgments Act 1998 1998, No. 52 Maintenance Act 1994 1994, No. 28 Status of Children Act 1987 1987, No. 26 Trustee Savings Banks Acts 1989 and 2001
Number 7 of 2012
JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS (AMENDMENT) ACT 2012
AN ACT TO GIVE EFFECT TO THE CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS SIGNED AT LUGANO ON THE 30TH DAY OF OCTOBER 2007 AND CONCLUDED ON BEHALF OF THE EUROPEAN COMMUNITY PURSUANT TO COUNCIL DECISION 2009/430/EC 1 , AND FOR THAT PURPOSE TO AMEND THE JURISDICTION OF COURTS AND ENFORCEMENT OF JUDGMENTS ACT 1998 AND THE MAINTENANCE ACT 1994 AND TO PROVIDE FOR RELATED MATTERS.
[10th March, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998.	1.— The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended—
	(a) by inserting the following Part after Part III:
	“PART IIIA
	2007 Lugano Convention
	Interpretation of this Part.
	20A.— (1) In this Part—
	‘Convention’ means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007 and concluded on behalf of the European Community pursuant to Council Decision 2009/430/EC and the Protocols and Annexes thereto (the text of which, in the English language, is, for convenience of reference, set out in the Tenth Schedule);
	‘Convention court’ means a court of a state bound by the Convention;
	‘enforceable maintenance order’ means—
	(a) a maintenance order respecting all of which an enforcement order has been made, or
	(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced;
	‘enforcement order’ means an order for the recognition or enforcement of all or part of a judgment where the order—
	(a) is made by the Master of the High Court under section 20E, or
	(b) is made or varied—
	(i) on appeal from a decision of the Master under that section, or
	(ii) on appeal from a decision of the High Court on such an appeal;
	‘judgment’ means a judgment or order (by whatever name called) that is a judgment for the purposes of the Convention and, except in sections 20H and 20J, includes an authentic instrument within the meaning of Article 57 and a settlement referred to in Article 58;
	‘maintenance’ means maintenance within the meaning of the Convention;
	‘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 who is liable to make a payment under the order;
	‘maintenance order’ means a judgment relating to maintenance;
	‘state bound by the Convention’ means a state, other than the State, respecting which the Convention has entered into force in accordance with Article 69 or 70 of that Convention.
	(2) (a) A word or expression that is used in this Part and is also used in the Convention has, unless the context otherwise requires, the same meaning in this Part as it has in the Convention, and
	(b) a reference to an Article is a reference to an Article of the Convention.
	(3) The definition of ‘judgment’ in subsection (1) shall not be construed to limit the effect of Article 64 of the Convention.
	Convention to have force of law.
	20B.— The Convention has force of law in the State.
	Interpretation of Convention.
	20C.— (1) Judicial notice shall be taken of the Convention and of—
	(a) any decision of the courts of other states bound by the Convention concerning the Convention,
	(b) any relevant decision concerning the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on the 16th day of September 1988, and
	(c) any relevant decision concerning the instruments referred to in Article 64(1),
	and a court shall, when interpreting and applying the Convention, take due account of the principles laid down by those decisions.
	(2) Judicial notice shall be taken of the explanatory report prepared by Professor Fausto Pocar on the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Lugano on 30 October 2007 2 .
	(3) The explanatory report referred to in subsection (2) may be considered when interpreting the meaning of any provision of the Convention and shall be given such weight as is appropriate in the circumstances.
	Orders.
	20D.— (1) The Minister for Foreign Affairs and Trade may, by order, declare—
	(a) that a state specified in the order is a state bound by the Convention,
	(b) that a denunciation has been made pursuant to Article 74 of the Convention, or
	(c) that a communication or declaration has been made pursuant to Article 69(3) or 71 of the Convention.
	(2) The text of a denunciation, communication or declaration referred to in subsection (1) shall be set out in the order declaring that the denunciation, communication or declaration has been made.
	(3) An order that is in force—
	(a) under subsection (1)(a), shall be evidence that any state to which the declaration relates is a state bound by the Convention, and
	(b) under subsection (1)(b) or (c), shall be evidence that the denunciation, communication or declaration, the text of which is set out in the order, was made and evidence of its contents.
	Applications for recognition or enforcement of judgments.
	20E.— (1) An application under the Convention for the recognition or enforcement in the State of a judgment shall be made to the Master of the High Court.
	(2) The Master of the High Court shall determine an application referred to in subsection (1) in accordance with the Convention.
	(3) If the application is for the enforcement of a judgment, the Master of the High Court shall declare the judgment enforceable immediately on completion of the formalities provided for in Article 53 without any review under Articles 34 and 35 and shall make an enforcement order in relation to the judgment.
	(4) An order under subsection (2) may provide for the recognition or enforcement of only part of the judgment concerned.
	(5) For the purposes of this Part references in Articles 42, 43, 45, 47, 48, 52, 53 and 57 to a declaration of enforceability may be treated as references to an enforcement order.
	Enforcement of judgments.
	20F.— (1) Subject to section 20H and the restrictions on enforcement contained in Article 47(3), if an enforcement order has been made respecting a judgment, the judgment—
	(a) shall, to the extent to which its enforcement is authorised by the enforcement order, 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.
	(2) Subject to subsections (3) and (6), subsection (1) shall not apply to a maintenance order.
	(3) On application by a maintenance creditor under an enforceable maintenance order, the Master of the High Court may by order declare that the following shall be regarded as being payable under a judgment referred to in subsection (1):
	(a) a sum payable under the enforceable maintenance order as a periodic payment but not paid before the relevant enforcement order was made;
	(b) a lump sum (not being a sum referred to in paragraph (a)) which is payable under the enforceable maintenance order.
	(4) An order shall not be made under subsection (3) unless the Master of the High Court considers that by doing so the enforceable maintenance order would be more effectively enforced respecting any sum referred to in that paragraph.
	(5) If such an order is made, the sum to which it relates shall be deemed to be payable under a judgment referred to in subsection (1) and not otherwise.
	(6) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce it under section 20G.
	Enforcement of enforceable maintenance orders.
	20G.— (1) Subject to section 20H and the restrictions on enforcement contained in Article 47(3), the District Court shall have jurisdiction to enforce an enforceable maintenance order.
	(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of—
	(a) subsection (1),
	(b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 , and
	(c) subject to the Convention, the variation or discharge of that order under section 6 (as amended by section 43(b) of the Act of 1995) of the Act of 1976,
	to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the...