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The Law Applicable to Contractual Obligations (Scotland) Regulations 2009
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- 2009 No. 410
- Regulation 2
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Restriction on the application of the Contracts (Applicable Law) Act 1990
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2. In the Contracts (Applicable Law) Act 1990(1)—
(a)after section 4A(2) 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)(3), 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.”;
and
(b)in section 8(1)(extent), for “This” substitute “Except as provided by virtue of section 4B(3), this”.
(1)
(2)
Section 4A (disapplication where the rules in the Rome I Regulation apply) was inserted for England, Wales and Northern Ireland by S.I. 2009/3064.
(3)
O.J. No. L 177, 4.7.2008, p.6.
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