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

• Citation: S.I. 2000/1825
• Sections: 11

Section 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.

Section 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.

Section 3

After section 1(d) insert–

(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;

Section 4

In section 2(4)–

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

(b) for sub-paragraph (d) substitute–

(d) the Funchal Convention; and

(e) the 1996 Accession Convention

Section 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” (maritime law);

in Sweden, Chapter 13, Article 2(1) and (2), and Chapter 14, Article 1(3), of “sjölagen” (maritime law);

in Finland, Chapter 13, Article 2(1) and (2), and Chapter 14, Article 1(3) of “merilaki”/“sjölagen” (maritime law).

Section 6

In Schedule 3, in paragraph (a) of Article 2–

(a) after the entry relating to Luxembourg insert–

in Austria:

the Oberste Gerichtshof, the Verwaltungsgerichtshof and the Verfassungsgerichtshof

(b) after the entry relating to Portugal insert–

in Finland:

korkein oikeus/högsta domstolen, korkein hallinto-oikeus/högsta förvaltningsdomstolen, markkinatuomioistuin/marknadsdomstolen and työtuomioistuin/arbetsdomstolen,

Sweden:

Högsta domstolen, Regeringsrätten, Arbetsdomstolen and Marknadsdomstolen,

Section 7

Insert the text set out in the Schedule to this Order after Schedule 3A.

Section 1

The Secretary-General of the Council of the European Union shall transmit a certified copy of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992 in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

Section 1

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Republic of Austria, the Republic of Finland or the Kingdom of Sweden and by one Contracting State which has ratified the Convention on the Law applicable to Contractual Obligations.

Section 2

The text of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992 in the Finnish and Swedish languages shall be authentic under the same conditions as the other texts of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992.

Section 2

This Convention shall enter into force for each Contracting State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.