[F123APrivate international law application.S
(1)Where the substantive law of a country other than Scotland falls to be applied by a Scottish court as the law governing an obligation, the court shall apply any relevant rules of law of that country relating to the extinction of the obligation or the limitation of time within which proceedings may be brought to enforce the obligation [F2, subject to section 23B,] to the exclusion of any corresponding rule of Scots law.
(2)This section shall not apply where it appears to the court that the application of the relevant foreign rule of law would be incompatible with the principles of public policy applied by the court.
(3) This section shall not apply in any case where the application of the corresponding rule of Scots law has extinguished the obligation, or barred the bringing of proceedings prior to the coming into force of the M1Prescription and Limitation (Scotland) Act 1984.]
[F3(4) This section [F4and section 23B] shall not apply in any case where the law of a country other than Scotland falls to be applied by virtue of any choice of law rule contained in [F5the Rome I Regulation or] the Rome II Regulation.
[F6(5)In subsection (4)—
(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) as that Regulation has effect as [F7assimilated direct] legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the proceedings are ones in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case it means that Regulation as it has effect by virtue of that Article; and
(b)“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) as that Regulation has effect as [F8assimilated direct] legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008), unless the proceedings are ones in respect of which Regulation (EC) No. 864/2007 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case it means that Regulation as it has effect by virtue of that Article.]]
Textual Amendments
F1S. 23A inserted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), ss. 4, 5(2)
F2Words in s. 23A(1) inserted (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), s. 14(2), Sch. 3 para. 2(2)(a); S.I. 2021/678, reg. 2
F3S. 23A(4)(5) inserted (11.1.2009) by Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (S.S.I. 2008/404), regs. 1(1), 3
F4Words in s. 23A(4) inserted (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), s. 14(2), Sch. 3 para. 2(2)(b); S.I. 2021/678, reg. 2
F5Words in s. 23A(4) inserted (17.12.2009) by Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (S.S.I. 2009/410), regs. 1(1), 3(a)
F6S. 23A(5) substituted (31.12.2020) by S.I. 2019/834, reg. 2 (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(2))
F7Words in s. 23A(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 1(2)(a)
F8Words in s. 23A(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 1(2)(b)
Marginal Citations
M11984 c. 45(97).