Divorce Act — D-3.4 39
es 8, 9 and 33 are to be addressed. ARTICLE 45 1 The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law. 2 The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention. ARTICLE 46 A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law. ARTICLE 47 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units – 1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit; 2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit; 3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit; 4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection; 5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application; 6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection; 7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained; 8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit; 9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken; 10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought. ARTICLE 48 For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies; b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies. ARTICLE 49 For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply – a if there are rules in force in such a State identifying which among such laws applies, that law applies; b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies. ARTICLE 50 This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, a