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by Munro Research

Private International Law (Implementation of Agreements) Act 2020


Official Summary

A Bill to implement the Hague Conventions of 1996, 2005 and 2007 and to provide for the implementation of other international agreements on private international law.

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Overview

This bill empowers relevant authorities in the UK (the Secretary of State, Scottish Ministers, and Northern Ireland departments) to implement international agreements and arrangements related to private international law. It sets time limits and parliamentary oversight procedures for the creation of regulations.

Description

This bill allows the UK government to implement international agreements concerning private international law, including those with the Isle of Man, Channel Islands, and British Overseas Territories. This covers areas like jurisdiction, applicable law, and the recognition and enforcement of judgments and other legal instruments. The bill explicitly grants the power to make regulations that may apply differently across the UK's various jurisdictions (England & Wales, Scotland, Northern Ireland). Key features include:

  • Power to Implement Agreements: The bill grants the power to create regulations to implement international agreements on private international law, or to give effect to arrangements made with other territories.
  • Time Limit: Regulations can only be made within a five-year "operative period" from the bill's enactment, extendable by five-year increments with approval from the relevant authority.
  • Parliamentary Oversight: Significant regulations (implementing new international agreements, creating criminal offenses, amending primary legislation, or extending the operative period) require approval by Parliament. Less significant regulations are subject to the negative resolution procedure (Parliament can only veto them).
  • Restrictions on Regulatory Power: The bill restricts the power to create new offenses punishable by more than two years' imprisonment and prohibits the delegation of law-making power via regulations.
  • Consultation: The Secretary of State must consult relevant parties before making regulations.

Government Spending

The bill doesn't directly specify any government spending. The costs associated with implementing the regulations will depend on the specific agreements and arrangements that are implemented. No figures are available in the provided text.

Groups Affected

This bill could affect various groups:

  • Businesses: Changes to private international law can impact cross-border transactions and legal disputes.
  • Individuals: The bill could alter rules surrounding jurisdiction, legal proceedings, and the enforcement of judgments affecting individuals with international legal matters.
  • Legal Professionals: Lawyers and other legal professionals need to stay abreast of these changes to advise their clients.
  • Courts and Tribunals: The new regulations will alter the procedures and legal frameworks in which they operate.
  • Government Departments: Departments in England and Wales, Scotland, and Northern Ireland will be responsible for implementing the regulations, which will involve resources and administrative costs.
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