The Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008

Restriction on the application of existing choice of law rules in delict cases

This section has no associated Executive Note

2.  In the Private International Law (Miscellaneous Provisions) Act 1995(1)–

(a)after section 15A(2) insert–

“Disapplication of Part III where the rules in the Rome II Regulation apply: Scotland

15B.—(1) Nothing in this Part applies to affect the determination of issues relating to delict which fall to be determined under the Rome II Regulation.

(2) In subsection (1) “the Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II)(3), including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007).

(3) This section extends to Scotland only.”; and

(b)at the beginning of section 18(3)(extent) insert “Except where otherwise provided,”.

(2)

Section 15A (disapplication of Part III where the rules in the Rome II Regulation apply) was inserted for England and Wales and Northern Ireland by S.I. 2008/2986.

(3)

O.J. L 199, 31.7.2007, p.40.