
2009 No. 410
Private International Law
The Law Applicable to Contractual Obligations (Scotland) Regulations 2009
Made 23rd November 2009
Laid before the Scottish Parliament 24th November 2009
Coming into force 17th December 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972  and all other powers enabling them to do so.
Citation, commencement and extent
1 

(1) These Regulations may be cited as the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 and come into force on 17th December 2009.
(2) These Regulations extend to Scotland only.
Restriction on the application of the Contracts (Applicable Law) Act 1990
2 
In the Contracts (Applicable Law) Act 1990 —
(a) after section 4A  insert—“

4B 
Disapplication where the rules in the Rome I Regulation apply: Scotland
(1) Nothing in this Act applies to affect the determination of issues relating to contractual obligations which fall to be determined by 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 (Rome I) , including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008).
(3) This section extends to Scotland only.”; and
(b) in section 8(1)(extent), for  “This” substitute “
                Except as provided by virtue of section 4B(3), this
              ”.
Restriction on the application of existing choice of law rules on prescription and limitation
3 
In section 23A (private international law application) of the Prescription and Limitation (Scotland) Act 1973 —
(a) in subsection (4), after  “contained in” insert “
                the Rome I Regulation or
              ”; and
(b) in subsection (5) after  “subsection 4” insert—“
(a) “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 (Rome I), including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (conflicts falling within Article 22(2) of Regulation (EC) No. 593/2008), and (b)”.
Application of Regulation (EC) No 593/2008
4 
... Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) as that Regulation has effect as  assimilated direct  legislation,  shall, with the exception of Article 7 (insurance contracts) , 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.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew's House,
Edinburgh
