
1 

(1) These Regulations may be cited as the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 and come into force on 11th January 2009.
(2) These Regulations extend to Scotland only.
2 
In the Private International Law (Miscellaneous Provisions) Act 1995–
(a) after section 15A insert–“
15B 

(1) Nothing in this Part applies to affect the determination of issues relating to delict 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 (Rome II), including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007).
(3) This section extends to Scotland only.”; and
(b) at the beginning of section 18(3)(extent) insert “Except where otherwise provided,”.
3 
In section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 1973 after subsection (3) insert–“
(4) This section shall not apply in any case where the law of a country other than Scotland falls to be applied by virtue of any choice of law rule contained in the Rome II Regulation.
(5) In subsection (4) “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 (Rome II), including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (conflicts falling within Article 25(2) of Regulation (EC) No. 864/2007).”.
4 
Notwithstanding Article 25(2) of Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II), that Regulation 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.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
3rd December 2008