BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT ORDER - UNITED KINGDOM

BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT -

UNITED KINGDOM

SUBSIDIARY LEGISLATION 52.06

BRITISH JUDGMENTS RECIPROCAL

ENFORCEMENT ORDER - UNITED KINGDOM

14th April, 1931

PROCLAMATION XII of 1931.

The title of this Order is British Judgments Reciprocal

Enforcement Order - United Kingdom.

(Article 2)

WHEREAS it is provided, by article 5(1) of the Reciprocal

Enforcement of Judgements Act that the provisions of that Act

shall, as regards its applicability to judgments obtained by a Court

in the United Kingdom, come into force on the day on which there

shall be published by Proclamation in the Government Gazette the

Order of His Majesty in Council granting reciprocity for the

enforcement in the United Kingdom of judgments obtained in these

Islands;

AND WHEREAS under date the 27th day of November, 1930, an

Order has been made by His Majesty in Council extending Part II

of the Administration of Justice Act, 1920, to Malta

NOW, THEREFORE, I, HARRY CHARLES LUKE, do hereby

order that the said Order in Council be published as a Schedule to

this Proclamation for the purposes of article 5(1) of the Reciprocal

Enforcement of Judgements Act abovequoted.

THE SCHEDULE

AT THE COURT AT BUCKINGHAM PALACE

The 27th day of November, 1930

Present,

The King’s Most Excellent Majesty in Council

WHEREAS by Part II of the Administration of Justice Act 1920,

provision has been made for the reciprocal enforcement of

*The Proclamation is reproduced in its original form. By virtue of the amendments,

made to the parent law, by Act LVIII of 1974, the power to extend the applicability of

the Act outside Malta is vested in the President of Malta.

BRITISH JUDGMENTS RECIPROCAL ENFORCEMENT -

UNITED KINGDOM

judgments in the United Kingdom and in other parts of His

Majesty’s dominions;

AND WHEREAS by the said Act it is, amongst other things,

provided that where His Majesty is satisfied that reciprocal

provisions have been made by the Legislature of any part of His

Majesty’s dominions outside the United Kingdom for the

enforcement within that part of His dominions of judgments

obtained in the High Court in England, the Court of Session in

Scotland and the High Court in Ireland, His Majesty may by Order

in Council declare that the said part of that Act shall extend to that

part of His dominions and that on any such order being made the

said part of that Act shall extend accordingly;

AND WHEREAS on the 6th day of December, 1922, the Irish

Free State was established under the provisions of an Act of

Parliament shortly entitled the Irish Free State Constitution Act,

1922 (Session 2);

AND WHEREAS His Majesty is satisfied that the Legislature of

the part of His Majesty’s dominions outside the United Kingdom

hereinafter mentioned has made reciprocal provisions for the

enforcement within that part of judgments obtained in the High

Court in England, the Court of Session in Scotland and the High

Court in Ireland

NOW, THEREFORE, His Majesty, by virtue and in exercise of

the powers by the above-recited Act in His Majesty vested, is

pleased, by and with the advice of His Privy Council, to order, and

it is hereby ordered as follows

1. Part II of the Administration of Justice Act, 1920, shall

extend to Malta.

2. Nothing in this Order shall affect the registration or

enforcement in the Irish Free State of any judgment in pursuance of

Part II of the said Act.

AND the Right Honourable Lord Passfield, one of His Majesty’s

Principal Secretaries of State, is to give the necessary directions

herein accordingly.

The provisions of the British Judgements (Reciprocal

Enforcement) Act shall apply and extend to the United Kingdom by

virtue of the Proclamation which is reproduced in the Schedule to

this Order.