The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009

• Citation: S.I. 2009/3064
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009, and shall come into force on 17 December 2009.

(2) Regulation 3 extends to England and Wales only.

(3) Regulation 4 extends to Northern Ireland only.

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

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

After section 4 of the Contracts (Applicable Law) Act 1990 insert—

Disapplication where the rules in the Rome I Regulations apply: England and Wales and Northern Ireland

(4A)

(1) Nothing in this Act applies to affect the determination of issues relating to contractual obligations which fall to be determined under the Rome I Regulation.

(2) In this section the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations , including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008 ).

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

Section 3 Restriction on the application of the Foreign Limitation Periods Act 1984 and related legislation

(1) Section 8 of the Foreign Limitation Periods Act 1984 (disapplication of sections 1, 2 and 4 where the rules in the Rome II Regulation apply) is amended as follows.

(2) In the section heading, for “the rules in the Rome II Regulation apply” substitute “the law applicable to limitation is determined by other instruments”.

(3) In subsection (1), before “the Rome II Regulation” insert “the Rome I Regulation or”.

(4) After subsection (1), insert—

(1A) In subsection (1) the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (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 4 Restriction on the application of the Foreign Limitation Periods Act 1984 and related legislation

(1) Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (disapplication where the rules in the Rome II Regulation apply) is amended as follows.

(2) In the article heading, for “the rules in the Rome II Regulation apply” substitute “the law applicable to limitation is determined by other instruments”.

(3) In paragraph (1), before “the Rome II Regulation” insert “the Rome I Regulation”.

(4) After paragraph (1), insert—

(1A) In paragraph (1) the “Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (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 Application of the Regulation (EC) No. 593/2008 ...

(1) ... Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations , 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) 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.

(2) Paragraph (1) shall not apply to contracts falling within Article 7 of Regulation (EC) No. 593/2008 (insurance contracts) .