2009 No. 3075
The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009
Made
Laid before Parliament
Coming into force
Citation, commencement and interpretation1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009 and come into force on 17th December 2009.
2
In these Regulations—
“the 2001 Regulations” means the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 20013;
“the Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17th June 2008 on the law applicable to contractual obligations (Rome I)4.
3
Expressions used in regulations 4 and 5 and in the Rome I Regulation have the same meaning as in the Rome I Regulation unless the context requires otherwise.
Limited application of the 2001 Regulations2
1
After regulation 3(1) of the 2001 Regulations insert—
1A
These Regulations do not apply to contracts of insurance entered into on or after 17th December 2009.
2
In regulation 3(2) of the 2001 Regulations, after the words “friendly societies” insert “before 17th December 2009”.
Application of the Rome I Regulation: conflicts falling within Article 22(2)3
Notwithstanding Article 22(2) of the Rome I Regulation, Article 7 of that Regulation applies 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,
in relation to contracts of insurance described in Article 7 of the Rome I Regulation as it applies in the case of conflicts between the laws of different countries.
Contracts of insurance of risks other than large risks: greater freedom of choice of law4
Where, in the case of a contract of insurance to which Article 7(3) of the Rome I Regulation applies, the law referred to in sub-paragraph (a) or (b) of that Article, or one of the laws referred to in sub-paragraph (e) of that Article, is a law of any part of the United Kingdom, the parties to that contract may also choose as the law applicable to the contract—
a
the law of another country; or
b
the law of another part of the United Kingdom,
if that choice complies with Article 3, Article 6 and Articles 9 to 22 of that Regulation.
Community co-insurers5
Where the parties to the contract may choose the applicable law under the Rome I Regulation or under regulation 4, and where the risk to which the contract relates is covered by Community co-insurance (within the meaning of Council Directive 78/473/EEC on the coordination of laws, regulations and administrative provisions relating to Community insurance5), co-insurers other than the leading insurer (within the meaning of that Directive) are not to be treated as parties to the contract.
(This note is not part of the Regulations)