The Commercial Agents (Council Directive) (Amendment) Regulations 1998

• Citation: S.I. 1998/2868
• Sections: 2

Section 1

These Regulations may be cited as the Commercial Agents (Council Directive) (Amendment) Regulations 1998 and shall come into force on 16th December 1998.

Section 2

The Commercial Agents (Council Directive) Regulations 1993 shall be amended–

(a) in regulation 1 by deleting paragraph (3) and substituting–

(3) A court or tribunal shall:

(a) apply the law of the other member State concerned in place of regulations 3 to 22 where the parties have agreed that the agency contract is to be governed by the law of that member State;

(b) (whether or not it would otherwise be required to do so) apply these regulations where the law of another member State corresponding to these regulations enables the parties to agree that the agency contract is to be governed by the law of a different member State and the parties have agreed that it is to be governed by the law of England and Wales or Scotland.

(b) in regulation 2 by the insertion in paragraph (1) after the definition of “commission” of the following definitions–

“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

“member State” includes a State which is a contracting party to the EEA Agreement;

(c) in regulation 17 by the substitution in paragraph (2) of the word “contract” for the word “contact”.