2009 No. 410
The Law Applicable to Contractual Obligations (Scotland) Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and all other powers enabling them to do so.
Citation, commencement and extent1
1
These Regulations may be cited as the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 and come into force on 17th December 2009.
2
These Regulations extend to Scotland only.
Restriction on the application of the Contracts (Applicable Law) Act 19902
In the Contracts (Applicable Law) Act 1990 M2—
a
after section 4A M3 insert—
4B
Disapplication where the rules in the Rome I Regulation apply: Scotland
1
Nothing in this Act applies to affect the determination of issues relating to contractual obligations which fall to be determined by the Rome I Regulation.
2
In this section “the Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) M4, including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008).
3
This section extends to Scotland only.
b
in section 8(1)(extent), for “This” substitute “
Except as provided by virtue of section 4B(3), this
”
.
Restriction on the application of existing choice of law rules on prescription and limitation3
In section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 1973 M5—
a
in subsection (4), after “contained in” insert “
the Rome I Regulation or
”
; and
b
in subsection (5) after “subsection 4” insert—
a
“the Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I), including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008), and (b)
F2Application of Regulation (EC) No 593/20084
F3... Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) F1as that Regulation has effect as F4assimilated direct legislation, shall, with the exception of Article 7 (insurance contracts) M6, apply in the case of conflicts between—
a
the laws of different parts of the United Kingdom, or
b
the laws of one or more parts of the United Kingdom and Gibraltar,
as it applies in the case of conflicts between the laws of other countries.
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006 (c.51). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.