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 allows the UK government to quickly implement international agreements relating to private international law. It streamlines the process, granting the appropriate national authorities the power to create regulations, ensuring consistency across the UK and its territories while incorporating checks and balances through parliamentary scrutiny.
Description
This bill focuses on giving the UK government the power to implement international agreements on private international law efficiently. This includes agreements with other countries and territories like the Isle of Man and Channel Islands. The bill:
- Grants power to relevant authorities: The Secretary of State (for England and Wales), Scottish Ministers (with or without the Secretary of State's consent for Scotland), and a Northern Ireland department (with or without the Secretary of State's consent for Northern Ireland) are empowered to create regulations.
- Covers various aspects of private international law: This includes jurisdiction, applicable laws, recognition and enforcement of judgements, and cooperation between judicial authorities.
- Allows for modifications: The authorities can apply international agreements with or without modifications to suit UK needs and different jurisdictions within the UK.
- Includes provisions for: Enforcement, information sharing, and legal aid are also considered.
- Limits the power: Regulations cannot create new offenses with severe penalties (over two years imprisonment) or create further legislative power through regulations. Exceptions apply for modifying existing powers or extending them to similar purposes.
- Sets a time limit: Regulations can only be made within five years of the bill passing, though this period can be extended by a further five years per jurisdiction.
- Requires parliamentary approval: Significant regulations (new agreements, arrangements, offences or primary legislation changes) require parliamentary approval. Other regulations are subject to parliamentary scrutiny.
- Mandates consultation: The Secretary of State must consult with relevant parties before creating regulations.
Government Spending
The bill itself does not directly allocate specific sums of government spending. However, the implementation of international agreements could lead to increased spending on various aspects, such as legal aid, international cooperation initiatives, and administrative costs associated with creating and enforcing the regulations.
Groups Affected
- Courts and legal professionals: Will be impacted by the new regulations affecting jurisdiction, applicable law, and enforcement.
- Individuals involved in international legal disputes: Will be directly affected by the changes in how international agreements are implemented and enforced.
- Businesses with international dealings: Changes in private international law can significantly impact their operations.
- Government departments: Will be responsible for implementing and enforcing regulations under this bill.
- Citizens of the UK and territories: Will experience the impact of new and revised international agreements through changes in the application of laws.
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