The Reciprocal Enforcement of Foreign Judgments (Norway) (Amendment) (England and Wales and Northern Ireland) Order 2020

• Citation: S.I. 2020/1338
• Sections: 2

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Reciprocal Enforcement of Foreign Judgments (Norway) (Amendment) (England and Wales and Northern Ireland) Order 2020.

(2) This Order comes into force on the later of—

(a) IP completion day;

(b) the day on which, and immediately after, the notification requirements are fulfilled.

(3) For the purposes of paragraph (2)(b), the notification requirements are fulfilled on the day when the Government of the United Kingdom and the Government of the Kingdom of Norway notify each other in accordance with—

(a) Article 3(1) of the Agreement that their respective internal procedures for bringing the Agreement into force have been completed, or if earlier

(b) Article 3(3) of the Agreement that they agree to provisionally apply the Agreement,

but if in either case the notifications are not given on the same day, the notification requirements are fulfilled on the day when the later of those notifications is given.

(4) The Secretary of State must give notice in the London and Belfast Gazettes of the date on which the Order comes into force pursuant to paragraph (2).

(5) For the purposes of this article, “the Agreement” means the Agreement on the continued application and amendment of the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway providing for the reciprocal recognition and enforcement of judgments in civil matters signed at London on 12 June 1961, signed at Oslo on 13th October 2020, as set out in the Schedule to this Order.

(6) This Order extends to England and Wales and Northern Ireland.

Section 2 Amendment of the Reciprocal Enforcement of Foreign Judgments (Norway) Order, 1962

(1) The Reciprocal Enforcement of Foreign Judgments (Norway) Order, 1962 is amended as follows.

(2) In article 2—

(a) for “superior” substitute “recognised”;

(b) for “County Courts” substitute “District Courts”, and

(c) for “City Courts” substitute “Conciliation Boards”.

(3) In each of the following, for “superior” substitute “recognised”—

(a) article 3;

(b) article 5, and

(c) article 6.

(4) For article 4 substitute the following—

(4)

(1) An application for the registration of a judgment of a recognised court of the Kingdom of Norway must be accompanied by an affidavit or other written and sworn evidence of the facts as required by the relevant rules of court.

(2) That evidence must include a statement that specifies whether at the date of application—

(a) the judgment can be enforced in the Kingdom of Norway, and

(b) the time for appeal has elapsed without any proceedings by way of appeal having been instituted against that judgment.

(3) In this article, “the relevant rules of court” means the rules of court applicable in the court to which the application has been made.