Contracts (Applicable Law) Act 1990 (Amendment) Order 2000

JurisdictionUK Non-devolved
CitationSI 2000/1825

2000 No. 1825

CONTRACTS

The Contracts (Applicable Law) Act 1990 (Amendment) Order 2000

Made 12th July 2000

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of July 2000

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a Convention on the law applicable to contractual obligations (“the Rome Convention”)1was opened for signature on 19th June 1980 and signed by Her Majesty’s Government on 7th December 1981:

And whereas a Convention on the accession of the Hellenic Republic to the Rome Convention (“the Luxembourg Convention”)2was signed by Her Majesty’s Government on 10th April 1984:

And whereas a Protocol on the Interpretation of the Rome Convention by the Court of Justice of the European Communities (“the Brussels Protocol ”)3was signed by Her Majesty’s Government on 19th December 1988:

And whereas the Contracts (Applicable Law) Act 19904gave the force of law to the Rome Convention and the Luxembourg Convention and to the Brussels Protocol in the United Kingdom:

And whereas by section 4(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of any of these Conventions, including, in particular, any revision connected with the accession to the Rome Convention of any state, Her Majesty may by Order in Council make such consequential modifications of that Act as Her Majesty considers appropriate:

And whereas a Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention5was signed on 29th November 1996, and in consequence Her Majesty’s Government in the United Kingdom have agreed to a revision of the Rome Convention:

And whereas each House of Parliament has by a resolution approved a draft of this Order:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Contracts (Applicable Law) Act 1990, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Contracts (Applicable Law) Act...

1. This Order may be cited as the Contracts (Applicable Law) Act 1990 (Amendment) Order 2000 and shall come into force on the date on which the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention and to the Brussels Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

S-2 In this Order, “ the Act ” means the Contracts (Applicable Law)...

2. In this Order, “the Act” means the Contracts (Applicable Law) Act 1990 and a reference to a section or Schedule by number alone means the section or Schedule so numbered in that Act.

S-3 After section 1(d) insert– e “the 1996 Accession Convention ”...

3. After section 1(d) insert–

“(e)

“(e) “the 1996 Accession Convention” means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention and the Brussels Protocol, with the adjustments made to the Rome Convention by the Luxembourg Convention and the Funchal Convention, signed by the United Kingdom in Brussels on 29th November 1996;”.

S-4 In section 2(4)– for “and 3A” substitute “, 3A and 3B”; and for...

4. In section 2(4)–

(a) for “and 3A” substitute “, 3A and 3B”; and

(b) for sub-paragraph (d) substitute–

“(d)

“(d) the Funchal Convention; and

(e)

(e) the 1996 Accession Convention”.

S-5 For the Protocol at the end of Schedule 1 substitute– PROTOCOL...

5. For the Protocol at the end of Schedule 1 substitute–

PROTOCOL

The High Contracting Parties have agreed upon the following provision which shall be annexed to the Convention:

Notwithstanding the provisions of the Convention, Denmark, Sweden and Finland may retain national provisions concerning the law applicable to questions relating to the carriage of goods by sea and may amend such provisions without following the procedure provided for in Article 23 of the Convention of Rome. The national provisions applicable in this respect are the following:

in Denmark, paragraphs 252 and 321(3) and (4) of the “Sølov”...

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