# The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019, Regulation 3: Amendment of the Contracts (Applicable Law) Act 1990


(1) The Contracts (Applicable Law) Act 1990 is amended as follows.
(2) For section 1 (meaning of “the Conventions”) substitute—
“Meaning of “the Rome Convention”
1. In this Act, a reference to the Rome Convention is a reference to the provisions contained in Schedule 1 (which is derived from the Convention on the law applicable to contractual obligations opened for signature in Rome on 19th June 1980).”.
(3) In section 2 (Conventions to have force of law)—
(a) for the heading substitute “Application of the Rome Convention”;
(b) for subsection (1) substitute—
“(1) The Rome Convention applies to contracts made on or after 1st April 1991.”;
(c) omit subsections (1A), (2) and (4);
(d) in subsection (3), for the words from “Notwithstanding” to “Conventions” substitute “The Rome Convention”.
(4) In section 3 (interpretation of Conventions)—
(a) in the heading, for “Conventions” substitute “the Rome Convention”;
(b) for subsection (1) substitute—
“(1) Any question as to the meaning or effect of any provision of the Rome Convention is to be decided in accordance with section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law).”;
(c) omit subsection (2);
(d) in subsection (3)(a)—
(i) for “Rome Convention” substitute “Convention on the law applicable to contractual obligations”; and
(ii) for “that Convention” substitute “the Rome Convention”;
(e) omit subsection (3)(b) and the “and” before it.
(5) Omit section 4 (revision of Conventions).
(6) In section 4A(2) (disapplication where the rules in the Rome I Regulation apply: England and Wales and Northern Ireland), for “conflicts falling within Article 22(2)” substitute “application”.
(7) In section 4B(2) (disapplication where the rules in the Rome I Regulation apply: Scotland), for “conflicts falling within Article 22(2)” substitute “application”.
(8) Omit section 8(2) and (3) (power to extend or modify the Act in relation to territories).
(9) In Schedule 1 (the Rome Convention)—
(a) in the words before Article 1 (statement as to the establishment of the Convention), omit the words from “The High Contracting Parties” to “Have agreed as follows:”;
(b) in Article 1(3) (Convention to not apply to contracts of insurance covering risks in Member States)—
(i) for “Member States” substitute “United Kingdom or any Member State”;
(ii) omit the words from “In order” to the end;
(c) in Article 2 (application of law of non-contracting states)—
(i) for the heading substitute “Application of law of a country outside of the United Kingdom”;
(ii) for “a Contracting State” substitute “the United Kingdom or a part of the United Kingdom”;
(d) omit Article 7(1) (application of mandatory rules of the law of another country);
(e) omit Article 10(1)(e) (applicable law shall govern the consequences of nullity of the contract);
(f) omit Article 17 (no retrospective effect);
(g) omit Article 19(2) (states with more than one legal system not bound to apply convention to internal disputes);
(h) in Article 20 (precedence of Community law)—
(i) in the heading, for “Community” substitute “retained EU”;
(ii) for the words from “or will be contained” to the end substitute “contained in retained EU law”;
(i) in Article 21 (relationship with other conventions), for “a Contracting State” substitute “the United Kingdom”;
(j) omit from Article 22 to the end.
(10) Omit Schedules 2 to 3B (the Luxembourg Convention, the Brussels Protocol, the Funchal Convention and the Accession Convention).

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111180785/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-law-applicable-to-contractual-obligations-and-non-contractual-obligations-amendment-etc-eu-exit-regulations-2019/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.