The Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008
| Year | 2008 |
2008 No. 404
PRIVATE INTERNATIONAL LAW
The Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008
Made 3rd December 2008
Laid before the Scottish Parliament 4th December 2008
Coming into force 11th January 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and all other powers enabling them to do so.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 and come into force on 11th January 2009.
(2) These Regulations extend to Scotland only.
Restriction on the application of existing choice of law rules in delict cases
2. In the Private International Law (Miscellaneous Provisions) Act 19952–
(a) after section 15A3insert–
“Disapplication of Part III where the rules in the Rome II Regulation apply: Scotland
15B.—(1) Nothing in this Part applies to affect the determination of issues relating to delict which fall to be determined under the Rome II Regulation.
(2) In subsection (1) “the Rome II Regulation” means Regulation (EC) No. 864/2007of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II)4, including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007).
(3) This section extends to Scotland only.”; and
(b) at the beginning of section 18(3)(extent) insert “Except where otherwise provided,”.
Restriction on the application of existing choice of law rules on prescription and limitation
3. In section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 19735after subsection (3) insert–
“4 This section 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 the Rome II Regulation.
5 In subsection (4) “the Rome II Regulation” means Regulation (EC) No. 864/2007of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II), including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of...
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