The Law Applicable to Contractual Obligations (Scotland) Regulations 2009

JurisdictionScotland
CitationSSI 2009/410

2009 No. 410

Private International Law

The Law Applicable to Contractual Obligations (Scotland) Regulations 2009

Made 23th November 2009

Laid before the Scottish Parliament 24th November 2009

Coming into force 17th December 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.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 and come into force on 17th December 2009.

(2) These Regulations extend to Scotland only.

S-2 Restriction on the application of the Contracts (Applicable Law) Act 1990

Restriction on the application of the Contracts (Applicable Law) Act 1990

2. In the Contracts (Applicable Law) Act 19902

(a) after section 4A3insert—

S-4B

Disapplication where the rules in the Rome I Regulation apply: Scotland

4B.—(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.

(2) In this section “the Rome I Regulation” means Regulation (EC) No. 593/2008of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)4, including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008).

(3) This section extends to Scotland only.”;

and

(b) in section 8(1)(extent), for “This” substitute “Except as provided by virtue of section 4B(3), this”.

S-3 Restriction on the application of existing choice of law rules on prescription and limitation

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 19735

(a) in subsection (4), after “contained in” insert “the Rome I Regulation or”; and

(b) in subsection (5) after “subsection 4” insert—

“(a)

“(a) “the Rome I Regulation” means Regulation (EC) No. 593/2008of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I), including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008), and (b)”.

S-4...

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