The Law Applicable to Contractual Obligations (Scotland) Regulations 2009

Restriction on the application of the Contracts (Applicable Law) Act 1990

This section has no associated Executive Note

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”.

(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.