La legislazione della mediazione: Inghilterra e Galles


1) Parte 35 Legge sulla procedura della famiglia n. 2955 del 2010[1](attua la Direttiva 52/08): revocata nel 2019[2].

2) Sezione III della novella n. 88 del 2011 al Codice di Procedura civile[3]. In vigore  dal 6 aprile 2011(attua la Direttiva 52/08): revocata nel 2019[4].

3) Legge n. 133 del 2011 sulla mediazione transfrontaliera (attua la Direttiva 52/08)[5]: revocata nel 2019[6].


[1] Part 35 The Family Procedure Rules 2010  No. 2955 (L.17). SENIOR COURTS OF ENGLAND AND WALES COUNTY COURTS, ENGLAND AND WALES MAGISTRATES’ COURTS, ENGLAND AND WALES

In vigore dal 6 aprile 2011

http://www.legislation.gov.uk/uksi/2010/2955/pdfs/uksi_20102955_en.pdf

[2] 20.  Part 35 (Mediation Directive) is revoked.

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

https://www.legislation.gov.uk/uksi/2019/517/regulation/20/made

[3] The Civil Procedure (Amendment) rules 2011 No. 88. SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

http://www.legislation.gov.uk/uksi/2011/88/pdfs/uksi_20110088_en.pdf

[4] 16.  Part 78 (European procedures)(1) is revoked.

The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019

https://www.legislation.gov.uk/uksi/2019/521/regulation/16/made

Vi è però una norma transitoria.

Transitional and saving provision – Part 74 and Part 78

27.—(1) Where in relation to any proceedings the relevant saving provision applies, the relevant rules continue to apply on and after exit day for the purposes of those proceedings as if the amendments made to those rules by these Regulations had not been made.

(2) In this regulation—

(a)“the relevant saving provision” means any of regulations 16 to 18, and regulation 19, of the European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018(1) as applicable; and

(b)“the relevant rules” means Part 78, or Section IV of Part 74, as applicable.

(3) Where an application under rule 78.24 as then in force for a mediation settlement enforcement order was made before exit day, rules 78.24 and 78.25 continue to apply on and after exit day for the purposes of that application as if the changes made in relation to those rules by these Regulations had not been made.

(4) In relation to a mediation to which the Cross-Border Mediation (EU Directive) Regulations 2011(2) applied before exit day, rules 78.23 and 78.25 to 78.28 continue to apply on and after exit day, so far as relevant in relation to mediation evidence relating to that mediation, as if the changes made in relation to those rules by these Regulations had not been made.

[5] Cross-Border Mediation (EU Directive) Regulations 2011 n. 133. http://www.legislation.gov.uk/uksi/2011/1133/pdfs/uksi_20111133_en.pdf

In vigore dal 20 maggio 2011

[6] Revocation and saving of the Cross-Border Mediation (EU Directive) Regulations 2011

2.—(1) The Cross-Border Mediation (EU Directive) Regulations 2011(1) are revoked.

(2) Regulations 8, 9 and 10 of the Cross-Border Mediation (EU Directive) Regulations 2011 continue to apply to the mediation of a dispute to which those Regulations applied immediately before exit day, but with the following modifications.

(3) In regulation 8 (interpretation)—

(a)paragraph (b) is to be read as if for it there were substituted—““cross-border dispute” has the meaning given by Article 2 of the Mediation Directive(2) except that—

(a)paragraph 1 is to be read as if for “in a Member State other than that of any other party” there were substituted “in the United Kingdom, and at least one other party is domiciled or habitually resident in a Member State”;

(b)paragraph 2 is to be read as if for “in a Member State” there were substituted “in a country (“country” for these purposes being limited to the United Kingdom or a Member State)”; and

(c)paragraph 3 is to be read as if for it there were substituted—

“3.  For the purposes of paragraphs 1 and 2, domicile is to be determined in accordance with paragraphs 4 to 8.

4.  In order to determine whether a party is domiciled in the country (“country” for these purposes being limited to the United Kingdom or a Member State) whose courts are seised of a matter, the court shall apply its internal law.

5.  If a party is not domiciled in the country whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another country, the court shall apply the law of that country.

6.  For the purposes of paragraphs 1 and 2, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its—

(a)statutory seat;

(b)central administration; or

(c)principal place of business.

7.  For the purposes of Ireland, Cyprus and the United Kingdom, “statutory seat” means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.

8.  In order to determine whether a trust is domiciled in the country whose courts are seised of the matter, the court shall apply its rules of private international law.”.”;

(b)paragraph (c) is to be read as if for it there were substituted—

“(c)“mediation” has the meaning given by Article 3(a) of the Mediation Directive except that for the purpose of construing that expression—

(i)Article 3(a) of the Mediation Directive is to be read as if for “the law of a Member State” there were substituted “law”;

(ii)Article 3(b) of the Mediation Directive is to be read as if for “Member State concerned” there were substituted “United Kingdom or the Member State concerned”;”;

(c)paragraph (h) is to be read as if for it there were substituted—

“(h)“mediator” has the meaning given by Article 3(b) of the Mediation Directive, except that for the purpose of construing that expression—

(i)Article 3(a) of the Mediation Directive is to be read as if for “the law of a Member State” there were substituted “law”;

(i)Article 3(b) of the Mediation Directive is to be read as if for “Member State concerned” there were substituted “United Kingdom or the Member State concerned”;”;

(d)paragraph (i) is to be read as if, in the definition of “relevant dispute”, for “that is subject” to the end there were substituted “to which the Mediation Directive applied immediately before exit day”.

(4) Regulation 10(b) is to be read as if for “in accordance with Article 7(1)(a) of the Mediation Directive” there were substituted—

“in particular when required to ensure the protection of the best interests of children or to prevent harm to the physical or psychological integrity of a person”.

The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019

https://www.legislation.gov.uk/uksi/2019/469/regulation/2/made