
1 
This Order may be cited as the Contracts (Applicable Law) Act 1990 (Amendment) Order 1994. It shall come into force on the date on which the Convention on the accession of the Kingdom of Spain and the Portuguese Republic 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.
2 
In this Order “the Act” means the Contracts (Applicable Law) Act 1990.
3 
The following shall be inserted after paragraph (c) of section 1 of the Act—“
(d) “the Funchal Convention” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Rome Convention and the Brussels Protocol, with adjustments made to the Rome Convention by the Luxembourg Convention, signed by the United Kingdom in Funchal on 18th May 1992;”.
4 
The following shall be substituted for the words “the Rome Convention, the Luxembourg Convention and the Brussels Protocol” in section 1 of the Act—“
 these Conventions and this Protocol”.
5 
The following shall be substituted for the words “Schedules 1, 2 and 3” in section 2(4) of the Act—“
 Schedules 1, 2, 3 and 3A”.
6 
The word “and” shall be deleted from paragraph (b) of section 2(4) of the Act and the following shall be inserted at the end of that subsection—“; and
(d) the Funchal Convention.”.
7 
In Schedule 1 to the Act paragraph 2 of Article 22, Article 27 and the second sentence of the third paragraph of Article 30 shall be deleted.
8 
In Schedule 1 to the Act the following shall be substituted for Article 31(d)—“
(d) communications made in pursuance of Articles 23, 24, 25, 26 and 30;”.
9 
The text set out in the Schedule to this Order shall be inserted after Schedule 3 to the Act.
N. H. Nicholls
Clerk of the Privy Council

SCHEDULE
Article 9
“
SCHEDULE 3A
Section 2
The High Contracting Parties to the Treaty establishing the European Economic Community.
Considering that the Kingdom of Spain and the Portuguese Republic, in becoming Members of the Community, undertook to accede to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19th June 1980.
Have decided to conclude this Convention, and to this end have designated as their plenipotentiaries:
(Designation of plenipotentiaries)
Who, meeting within the Council, having exchanged their full powers, found in good and due form.
Have agreed as follows:

Article 1The Kingdom of Spain and the Portuguese Republic hereby accede to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19th June 1980.

Article 2The Convention on the law applicable to contractual obligations is hereby amended as follows:
(1) Article 22(2), Article 27 and the second sentence of Article 30(3)shall be deleted.
(2) The reference to Article 27 in Article 31(d)shall be deleted.

Article 3The Secretary-General of the Council of the European Communities shall transmit a certified copy of the Convention on the law applicable to contractual obligations in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and the Portuguese Republic.

Article 4This Convention shall be ratified by the Signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 5This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following deposit of the last instrument of ratification by the Kingdom of Spain or the Portuguese Republic and by one State which has ratified the Convention on the law applicable to contractual obligations.
This Convention shall enter into force for each Contracting State which subsequently ratifies it on the first day of the third month following that of deposit of its instrument of ratification.

Article 6The Secretary-General of the Council of the European Communities shall notify the Signatory States of:
(a) the deposit of each instrument of ratification;
(b) the dates of entry into force of this Convention for the Contracting States.

Article 7This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all ten texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each Signatory State.
”