🔆 📖 ➕ 👤

Statutory Instruments

2009 No. 3064

Private International Law

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

Made

15th November 2009

Laid before Parliament

23rd November 2009

Coming into force

17th December 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 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.

Restriction on the application of the Contracts (Applicable Law) Act 1990I2

2. After section 4 of the Contracts (Applicable Law) Act 1990 (4) 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(5), 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.”.

3.—(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) (6) 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).”

4.—(1)Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (disapplication where the rules in the Rome II Regulation apply) (7) 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).”

F1Application of the Regulation (EC) No. 593/2008...I5

F25.—(1) ... Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations [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)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 (insurance contracts)((EC) No. 593/20088).

Signed by authority of the Secretary of State

Bach

Parliamentary Under Secretary of State

Ministry of Justice

(1)

1972 c.68.`

(2)

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

(5)

OJ No L.177, 4th July 2008, at p. 6.

(6)

1984 c. 16, as amended by SI 2008/2986.

(8)

Provisions in relation to these contracts are made pursuant to section 424(3) of the Financial Services and Markets Act 2000 (c.8).

Status: There are currently no known outstanding effects for The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009.
The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (2009/3064)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 5 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, 6(a); 2020 c. 1, Sch. 5 para. 1(1)omitted
F2Words in reg. 5(1) 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, 6(b); 2020 c. 1, Sch. 5 para. 1(1)omitted
F3Words in reg. 5(1) substituted (31.12.2020) by S.I. 2019/834, reg. 6(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(8))substituted
F4Words in reg. 5(1) 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. 2substituted
I1Reg. 1 in force at 17.12.2009, see reg. 1(1)
I2Reg. 2 in force at 17.12.2009, see reg. 1(1)
I3Reg. 3 in force at 17.12.2009, see reg. 1(1)
I4Reg. 4 in force at 17.12.2009, see reg. 1(1)
I5Reg. 5 in force at 17.12.2009, see reg. 1(1)
Defined TermSection/ArticleIDScope of Application
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.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.