Statutory Instrument 1994 No. 1900

The Contracts (Applicable Law) Act 1990 (Amendment) Order 1994

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© Crown Copyright 1994

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1994 No. 1900

CONTRACTS

The Contracts (Applicable Law) Act 1990 (Amendment) Order 1994

At the Court at Buckingham Palace, the 19th day of July 1994

Present,

The Queens Most Excellent Majesty in Council

Whereas a Convention on the law applicable to contractual obligations ( the Rome Convention)^[1]was opened for signature on 19th June 1980 and signed by Her Majestys Government on 7th December 1981:

And whereas a Convention on the accession of the Hellenic Republic to the Rome Convention (the Luxembourg Convention)^[2]was signed by Her Majestys Government on 10th April 1984:

And whereas a Protocol on the Interpretation of the Rome Convention by the Court of Justice of the European Communities (the Brussels Protocol)^[3]was signed by Her Majestys Government on 19th December 1988:

And whereas the Contracts (Applicable Law) Act 1990^[4]gave the force of law to these Conventions and to the Brussels Protocol in the United Kingdom:

And whereas by section 4(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majestys Government in the United Kingdom has agreed to a revision of any of these Conventions, including, in particular, any revision connected with the accession to the Rome Convention of any state, Her Majesty may by Order in Council make such modifications of that Act as Her Majesty considers appropriate in consequence of that revision:

And whereas a Convention on the accesson of the Kingdom of Spain and the Portuguese Republic to the Rome Convention^[5]was signed on 18th May 1992, and in consequence Her Majestys Government in the United Kingdom has agreed to a revision of the Rome Convention:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Contracts (Applicable Law) Act 1990, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order may be cited as the Contracts (Applicable Law) Act 1990 (Amendment) Order 1994. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Rome Convention and to the Brussels Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

    2.    In this Order "the Act" means the Contracts (Applicable Law) Act 1990.

    3.    The following shall be inserted after paragraph (c) of section 1 of the Act—
"(d) "the Funchal Convention" means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Rome Convention and the Brussels Protocol, with adjustments made to the Rome Convention by the Luxembourg Convention, signed by the United Kingdom in Funchal on 18th May 1992;" .

    4.    The following shall be substituted for the words "the Rome Convention, the Luxembourg Convention and the Brussels Protocol" in section 1 of the Act—
"these Conventions and this Protocol" .

    5.    The following shall be substituted for the words "Schedules 1, 2 and 3" in section 2(4) of the Act—
"Schedules 1, 2, 3 and 3A" .

    6.    The word "and" shall be deleted from paragraph (b) of section 2(4) of the Act and the following shall be inserted at the end of that subsection—
"; and

(d) the Funchal Convention." .

    7.    In Schedule 1 to the Act paragraph 2 of Article 22, Article 27 and the second sentence of the third paragraph of Article 30 shall be deleted.

    8.    In Schedule 1 to the Act the following shall be substituted for Article 31(d)—
"(d) communications made in pursuance of Articles 23, 24, 25, 26 and 30;" .

    9.    The text set out in the Schedule to this Order shall be inserted after Schedule 3 to the Act.

N. H. Nicholls

Clerk of the Privy Council

[1] OJ No. L 266, 9.10.1980. back

[2] OJ No. L 146, 31.5.1984. back

[3] OJ No. L 48, 20.2.1981. back

[4] 1990 c. 36. back

[5] OJ No. L 333, 18.11.92 p.1. back

Explanatory Note