The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008

• Citation: S.I. 2008/2986
• Sections: 6

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008, and shall come into force on 11th January 2009.

(2) Regulation 4 extends to England and Wales only.

(3) Regulation 5 extends to Northern Ireland only.

(4) Otherwise, these Regulations extend to England and Wales and Northern Ireland.

Section 2 Restriction on the application of existing choice of law rules in tort cases

After section 15 of the Private International Law (Miscellaneous Provisions) Act 1995 insert—

Disapplication of Part III where the rules in the Rome II Regulation apply.

(15A)

(1) Nothing in this Part applies to affect the determination of issues relating to tort which fall to be determined under the Rome II Regulation.

(2) In subsection (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations , including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).

(3) This section extends to England and Wales and Northern Ireland only.

Section 3 Restriction on the application of existing choice of law rules in tort cases

The following shall be inserted at the beginning of section 18(3) of the Private International Law (Miscellaneous Provisions) Act 1995—

Except where otherwise provided,

Section 4

After section 7 of the Foreign Limitation Periods Act 1984 insert—

Disapplication of sections 1, 2 and 4 where the rules in the Rome II Regulation apply

(8)

(1) Where in proceedings in England and Wales the law of a country other than England and Wales falls to be taken into account by virtue of any choice of law rule contained in the Rome II Regulation, sections 1, 2 and 4 above shall not apply in respect of that matter.

(2) In subsection (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations, including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).

Section 5

After Article 8 of the Foreign Limitation Periods (Northern Ireland) Order 1985 insert—

Disapplication where the rules in the Rome II Regulation apply

(9)

(1) Where in proceedings in Northern Ireland the law of a country other than Northern Ireland falls to be taken into account in the determination of any matter by virtue of any choice of law rule contained in the Rome II Regulation, Article 2 (3), (4) and (5) and Articles 3 and 4 above shall not apply in respect of that matter.

(2) In paragraph (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations, including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).

Section 6 Application of the Regulation (EC) No. 864/2007 ...

... Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (“Rome II”) , as that Regulation has effect as assimilated direct legislation, shall apply in the case of conflicts between—

(a) the laws of different parts of the United Kingdom, or

(b) between the laws of one or more parts of the United Kingdom and Gibraltar,

as it applies in the case of conflicts between the laws of other countries.