Regulation 2 Restriction on the application of the Contracts (Applicable Law) Act 1990

after section 4A M2 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) M3, 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

in section 8(1)(extent), for “This” substitute “ Except as provided by virtue of section 4B(3), this ”.