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Statutory Instruments

2008 No. 2986

Private International Law

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

Made

12th November 2008

Laid before Parliament

18th November 2008

Coming into force

11th January 2009

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to private international law (2).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972.

The Secretary of State makes these Regulations under the powers conferred by section 2(2) of the European Communities Act 1972(3).

Citation, commencement and extentI1

1.—(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.

Restriction on the application of existing choice of law rules in tort casesI2,I3,I4,I5

2. After section 15 of the Private International Law (Miscellaneous Provisions) Act 1995(4) 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 (5), 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.”.

3. 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,”.

4. After section 7 of the Foreign Limitation Periods Act 1984 (6) 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).”.

5. After Article 8 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (7) 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).”.

F1Application of the Regulation (EC) No. 864/2007...I6

F26. ... Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (“Rome II”) [F3, as that Regulation has effect as [F4assimilated directF4] legislation,F3] 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.

Signed by authority of the Secretary of State

Bach

Parliamentary Under Secretary of State

Ministry of Justice

(1)

1972 c.68. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by him as regards Scotland.

(2)

The European Communities (Designation) (No.2) Order 2008 (S.I. 2008/1792).

(5)

OJ No. L 199, 31.7.2007, at p.40.

Status: There are currently no known outstanding effects for The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008.
The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (2008/2986)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 6 heading omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 5(a); 2020 c. 1, Sch. 5 para. 1(1)omitted
F2Words in reg. 6 omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 5(b); 2020 c. 1, Sch. 5 para. 1(1)omitted
F3Words in reg. 6 substituted (31.12.2020) by S.I. 2019/834, reg. 5(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(7))substituted
F4Words in reg. 6 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 4 para. 1substituted
I1Reg. 1 in force at 11.1.2009, see reg. 1(1)
I2Reg. 2 in force at 11.1.2009, see reg. 1(1)
I3Reg. 3 in force at 11.1.2009, see reg. 1(1)
I4Reg. 4 in force at 11.1.2009, see reg. 1(1)
I5Reg. 5 in force at 11.1.2009, see reg. 1(1)
I6Reg. 6 in force at 11.1.2009, see reg. 1(1)
Defined TermSection/ArticleIDScope of Application
Rome IIreg. 6.Rome_II_rtPad1J
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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