Exiting The European Union PART 1 Introduction Citation and commencement 1 These Regulations may be cited as the Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day. Extent 2 1 Subject to paragraphs (2) to (4), these Regulations extend to England and Wales and Northern Ireland. 2 Regulation 4(2)(c) extends to England and Wales, Northern Ireland and Scotland. 3 Regulation 5(5) extends to Northern Ireland only. 4 The following provisions extend to England and Wales only— a regulation 3; b regulation 5(4); c regulation 6. PART 2 Amendment of primary legislation Amendment of the Domicile and Matrimonial Proceedings Act 1973 3 1 Paragraph 5 of Schedule A1 (power to make provision corresponding to EC Regulation 2201/2003 ) to the Domicile and Matrimonial Proceedings Act 1973 is amended as follows. 2 In the heading for “ EC Regulation 2201/2003 ” substitute “provision for opposite sex married couples”. 3 In sub-paragraph (1)— a in paragraph (a)— i in sub-paragraph (i) for “a member state,” substitute “England and Wales, or”; ii omit sub-paragraph (ii) and the “or” following it; iii in sub-paragraph (iii) for “a part of the United Kingdom or the Republic of Ireland” substitute “England and Wales”; b omit paragraph (b) and the “and” preceding it. 4 Omit sub-paragraphs (2) to (4). Amendment of the Civil Partnership Act 2004 4 1 The Civil Partnership Act 2004 is amended as follows. 2 In section 219 (power to make provision corresponding to EC Regulation 2201/2003 )— a in the heading, for “corresponding to EC Regulation 2201/2003 ” substitute “as to jurisdiction in relation to civil partnerships”; b in subsection (1)— i in paragraph (a)— aa in sub-paragraph (i) for “a member state,” substitute “England and Wales, or”; bb omit sub-paragraph (ii) and the “or” following it; cc in sub-paragraph (iii) for “a part of the United Kingdom or the Republic of Ireland`” substitute “England and Wales”; ii omit paragraph (b) and the “and” preceding it; c in subsection (1A)— i in paragraph (a) for “in such cases as are mentioned in subsection (1)(a), and” substitute “in cases where a civil partner— i is or has been habitually resident in Northern Ireland, or ii is domiciled in Northern Ireland. ; ii omit paragraph (b); d omit subsections (3) to (5). 3 In section 234 (recognition in the UK of overseas dissolution, annulment or separation)— a in subsection (1) omit “Subject to subsection (2),”; b omit subsection (2); c in subsection (3) for “subsections (1) and (2)” substitute “subsection (1)”. PART 3 Amendment of secondary legislation Amendment of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 5 1 The Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 are amended as follows. 2 In regulation 2— a in paragraph (2) for “Regulations 4 and 11(1) extend” substitute “Regulation 4 extends”; b in paragraph (3) for “Regulations 5 and 11(2) extend” substitute “Regulation 5 extends”. 3 In regulation 3 omit paragraph (2). 4 In regulation 4— a after “where” insert “on the date of the application”; b in sub-paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”; c in sub-paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”; d at the end of sub-paragraph (d), omit “or”; e at the end of sub-paragraph (e), insert “or”; f after sub-paragraph (e) insert— f both civil partners are domiciled in England and Wales. . 5 In regulation 5— a after “where” insert “on the date of the application”; b in sub-paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”; c in sub-paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”; d at the end of sub-paragraph (d), omit “or”; e at the end of sub-paragraph (e), insert “or”; f after sub-paragraph (e) insert— f both civil partners are domiciled in Northern Ireland . 6 Omit regulations 6 to 12. Amendment of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 6 1 The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 are amended as follows. 2 In regulation 2— a after “where” insert “on the date of the application”; b in paragraphs (a), (b) and (f) for “both spouses”, in each place it occurs, substitute “both parties to the marriage”; c in paragraph (b) for “the spouses” substitute “them”; d in paragraphs (d) and (e) for “petitioner”, in both places it occurs, substitute “applicant”; e in paragraphs (d) and (e) for “preceding the presentation of the petition”, in both places it occurs, substitute “before the application was made”. 3 Omit regulations 3 to 9. PART 4 Transitional provision Transitional and saving provision 7 The amendments made by regulations 5 and 6 do not apply in relation to proceedings before a court in England and Wales or Northern Ireland— a issued before exit day pursuant to the jurisdiction provisions of— i Part 1 of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005; or ii Part 2 of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014; b issued before exit day in accordance with the recognition and refusal of recognition provisions of— i Part 2 of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005; or ii Part 3 of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014. Signed by authority of the Secretary of State for Justice Lucy Frazer Parliamentary Under Secretary of State Ministry of Justice 6th March 2019