I11F4Meaning of “the Rome Convention”
In this Act, a reference to the Rome Convention is a reference to the provisions contained in Schedule 1 (which is derived from the Convention on the law applicable to contractual obligations opened for signature in Rome on 19th June 1980).
I22F5Application of the Rome Convention
F6I91
The Rome Convention applies to contracts made on or after 1st April 1991.
F81A
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F92
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3
F10The Rome Convention shall apply in the case of conflicts between the laws of different parts of the United Kingdom.
F74
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I33 Interpretation of F11the Rome Convention.
I10F121
Any question as to the meaning or effect of any provision of the Rome Convention is to be decided in accordance with section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law).
F13I102
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3
Without prejudice to any practice of the courts as to the matters which may be considered apart from this subsection—
a
the report on the F15Convention on the law applicable to contractual obligations by Professor Mario Giuliano and Professor Paul Lagarde which is reproduced in the Official Journal of the M1Communities of 31st October 1980 may be considered in ascertaining the meaning or effect of any provision of F16the Rome Convention; F14...
F174 Revision of Conventions etc.
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4AF1Disapplication where the rules in the Rome I Regulations apply: England and Wales and Northern Ireland
1
Nothing in this Act applies to affect the determination of issues relating to contractual obligations which fall to be determined under the Rome I Regulation.
F182
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 as that Regulation has effect as retained direct EU legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009), unless the issues 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.
3
This section extends to England and Wales and Northern Ireland only.
4BF2Disapplication 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.
F192
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 as that Regulation has effect as retained direct EU legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the issues 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.
3
This section extends to Scotland only.
I45 Consequential amendments.
The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule.
I56 Application to Crown.
This Act binds the Crown.
I6P17 Commencement.
This Act shall come into force on such day as the Lord Chancellor and the Lord Advocate may by order made by statutory instrument appoint; and different days may be appointed for different provisions or different purposes.
I78 Extent.
1
F3Except as provided by virtue of section 4B(3), this Act extends to Northern Ireland.
F202
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F213
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I89 Short title.
This Act may be cited as the Contracts (Applicable Law) Act 1990.