Friendly Societies Act 1992 (c. 40)

SCHEDULES

X1 SCHEDULE 20 U.K. Law Applicable to Certain Contracts of Insurance

Editorial Information

X1 Sch. 20: by virtue of S.I. 1993/2519, reg. 6(2), Sch. 20 has become (1.1.1994) Sch. 20 Pt. I

[F1 Part II U.K. Long Term Business by Societies to which Section 37(2) applies]

Textual Amendments

F1 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F2 General rules as to applicable law U.K.

Textual Amendments

F2 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F3 6 The law applicable to the contract of insurance is the law of the member State in which the commitment is situated. However, where the law of that member State so allows, the parties may choose the law of another country.

Textual Amendments

F3 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F4 7 Where the person who has entered into the contract of insurance is an individual and has his habitual residence in a member State other than that of which he is a national, the parties may choose the law of the member State of which he is a national.

Textual Amendments

F4 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F5 Mandatory rules U.K.

Textual Amendments

F5 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F6 8 Nothing in this Part of this Schedule restricts the application of the rules of a part of the United Kingdom in a situation where they are mandatory, irrespective of the law otherwise applicable to the contract.

Textual Amendments

F6 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F7 Supplementary provisions U.K.

Textual Amendments

F7 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F8 9 (1) Where a member State includes several territorial units, each of which has its own rules of law concerning contractual obligations, each unit shall be considered as a country for the purposes of identifying the applicable law.

(2) The provisions of this Part of this Schedule apply to conflicts between the laws of the different parts of the United Kingdom.

Textual Amendments

F8 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)

F9 10 (1) Subject to the preceding provisions of this Part of this Schedule, a court in a part of the United Kingdom shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990.

(2) In particular, reference shall be made to those provisions to ascertain for the purposes of paragraph 6 above what freedom of choice the parties have under the law of a part of the United Kingdom.

Textual Amendments

F9 Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)