The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009

JurisdictionUK Non-devolved
CitationSI 2009/3075

2009 No. 3075

Financial Services And Markets

The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009

Made 23th November 2009

Laid before Parliament 24th November 2009

Coming into force 17th December 2009

The Treasury, in exercise of the powers conferred by sections 424(3), 417(1)1and 428(3) of the Financial Services and Markets Act 20002, make the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(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. 593/2008of 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.

S-2 Limited application of the 2001 Regulations

Limited application of the 2001 Regulations

2.—(1) After regulation 3(1) of the 2001 Regulations insert—

S-1A

“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”.

S-3 Application of the Rome I Regulation: conflicts falling within Article 22(2)

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.

S-4 Contracts of insurance of risks other than large risks: greater freedom of choice of law

Contracts of insurance of risks other than large risks: greater freedom of choice of law

4. Where, in the case of a contract of insurance to which Article 7(3) of the Rome I...

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