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- Point in Time (01/10/2010)
- Original (As enacted)
Version Superseded: 31/12/2020
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There are currently no known outstanding effects for the Contracts (Applicable Law) Act 1990.
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In this Act—
(a)“[F1these Conventions and this Protocol]” means the Convention on the law applicable to contractual obligations opened for signature in Rome on 19th June 1980 and signed by the United Kingdom on 7th December 1981;
(b)“[F1these Conventions and this Protocol]” means the Convention on the accession of the Hellenic Republic to the Rome Convention signed by the United Kingdom in Luxembourg on 10th April 1984; and
(c)“[F1these Conventions and this Protocol]” means the first Protocol on the interpretation of the Rome Convention by the European Court signed by the United Kingdom in Brussels on 19th December 1988;
F2[(d)“the Funchal Convention” means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Rome Convention and the Brussels Protocol, with adjustments made to the Rome Convention by the Luxembourg Convention, signed by the United Kingdom in Funchal on 18th May 1992;]
[F3(e)“the 1996 Accession Convention” means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention and the Brussels Protocol, with the adjustments made to the Rome Convention by the Luxembourg Convention and the Funchal Convention, signed by the United Kingdom in Brussels on 29th November 1996;]
and the Rome Convention, the Luxembourg Convention and the Brussels Protocol are together referred to as “the Conventions”.
Textual Amendments
F1Words in s. 1 substituted (1.12.1997) by S.I. 1994/1900, art. 4; (convention in force in respect of U.K. on 1.12.1997; see London Gazette 22.10.1997).
F2S. 1(d) inserted (1.12.1997) by S.I. 1994/1900, art. 3; (convention in force in respect of U.K. on 1.12.1997; see London Gazette 22.10.1997).
F3S. 1(e) inserted (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2000/1825, art. 3
Commencement Information
I1S. 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
(1)Subject to subsections (2) and (3) below, the Conventions shall have the force of law in the United Kingdom.
[F4(1A)The internal law for the purposes of Article 1(3) of the Rome Convention is the provisions of the regulations for the time being in force under section 424(3) of the Financial Services and Markets Act 2000.]
(2)Articles 7(1) and 10(1)(e) of the Rome Convention shall not have the force of law in the United Kingdom.
(3)Notwithstanding Article 19(2) of the Rome Convention, the Conventions shall apply in the case of conflicts between the laws of different parts of the United Kingdom.
(4)For ease of reference there are set out in [F5Schedules 1, 2, 3 [F6, 3A and 3B]] to this Act respectively the English texts of—
(a)the Rome Convention;
(b)the Luxembourg Convention; F7. . .
(c)the Brussels Protocol [F8; and
[F9(d)the Funchal Convention; and
(e)the 1996 Accession Convention]]
Textual Amendments
F4S. 2(1A) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 320
F5Words in s. 2(4) substituted (1.12.1997) by S.I. 1994/1900, art. 5; (convention in force in respect of U.K. on 1.12.1997; see London Gazette 22.10.1997).
F6Words in s. 2(4) substituted (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2000/1825, art. 4(a)
F7Word in s. 2(4)(b) deleted (1.12.1997) by virtue of S.I. 1994/1900, art. 6; (convention in force in respect of U.K. on 1.12.1997; see London Gazette 22.10.1997).
F8S. 2(4)(d) and the word immediately preceeding it inserted (1.12.1997) by S.I. 1994/1900, art. 6; (convention in force in respect of U.K. on 1.12.1997; see London Gazette 22.10.1997).
F9S. 2(4)(d)(e) substituted (for s. 2(4)(d)) (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2000/1825, art. 4(b)
Commencement Information
I2S. 2 partly in force; s. 2(1) in force for certain purposes at 1.4.1991 and s. 2(2)-(4) fully in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
I3S. 2(1) in force at 1.3.2005 for specified purposes by S.I. 2004/3448, art. 2(a)
(1)Any question as to the meaning or effect of any provision of the Conventions shall, if not referred to the European Court in accordance with the Brussels Protocol, be determined in accordance with the principles laid down by, and any relevant decision of, the European Court.
(2)Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.
(3)Without prejudice to any practice of the courts as to the matters which may be considered apart from this subsection—
(a)the report on the Rome Convention by Professor Mario Giuliano and Professor Paul Lagarde which is reproduced in the Official Journal of the M1Communities of 31st October 1980 may be considered in ascertaining the meaning or effect of any provision of that Convention; and
(b)any report on the Brussels Protocol which is reproduced in the Official Journal of the Communities may be considered in ascertaining the meaning or effect of any provision of that Protocol.
Commencement Information
I4S. 3 partly in force; s. 3(a) in force 1.4.1991 by s. 7 andS.I. 1991/707, art. 2
I5S. 3(1)(2)(3)(b) in force at 1.3.2005 by S.I. 2004/3448, art. 2(b)
Marginal Citations
M1O.J.1980 No.C282/1.
(1)If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom—
(a)have agreed to a revision of any of the Conventions (including, in particular, any revision connected with the accession to the Rome Convention of any state); or
(b)have given notification in accordance with Article 22(3) of the Rome Convention that either or both of the provisions mentioned in section 2(2) above shall have the force of law in the United Kingdom,
Her Majesty may by Order in Council make such consequential modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate.
(2)An Order in Council under subsection (1) above shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House.
(3)In subsection (1) above—
“modifications” includes additions, omissions and alterations;
“revision” means an omission from, addition to or alteration of any of the Conventions and includes replacement of any of the Conventions to any extent by another convention, protocol or other description of international agreement; and
“statutory provision” means any provision contained in an Act, or in any Northern Ireland legislation, or in—
(a)subordinate legislation (as defined in section 21(1) of the M2Interpretation Act 1978); or
(b)any instrument of a legislative character made under any Northern Ireland legislation.
Commencement Information
I6S. 4 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
Marginal Citations
(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 , 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.]
Textual Amendments
F10S. 4A inserted (E.W.N.I.) (17.12.2009) by The Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 (S.I. 2009/3064), regs. 1(1), 2
(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), 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.]
Textual Amendments
F11S. 4B inserted (S.) (17.12.2009) by Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (S.S.I. 2009/410), regs. 1(1), 2(a)
The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule.
Commencement Information
I7S. 5 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
This Act binds the Crown.
Commencement Information
I8S. 6 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
This Act shall come into force on such day as the Lord Chancellor and the Lord Advocate may by order made by statutory instrument appoint; and different days may be appointed for different provisions or different purposes.
Subordinate Legislation Made
P1S. 7 power of appointment conferred by s. 7 exercised by S.I.1991/707
Commencement Information
I9S. 7 wholly in force at 1.4.1991 see S.I. 1991/707, art. 2
(1)[F12Except as provided by virtue of section 4B(3), this] Act extends to Northern Ireland.
(2)Her Majesty may by Order in Council direct that all or any of the provisions of this Act shall extend to any of the following territories, namely—
(a)the Isle of Man;
(b)any of the Channel Islands;
(c)Gibraltar;
(d)the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say, the areas mentioned in section 2(1) of the M3Cyprus Act 1960).
(3)An Order in Council under subsection (2) above may modify this Act in its application to any of the territories mentioned in that subsection and may contain such supplementary provisions as Her Majesty considers appropriate; and in this subsection “modify” shall be construed in accordance with section 4 above.
Textual Amendments
F12Words in s. 8(1) substituted (S.) (17.12.2009) by Law Applicable to Contractual Obligations (Scotland) Regulations 2009 (S.S.I. 2009/410), regs. 1(1), 2(b)
Commencement Information
I10S. 8 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
Marginal Citations
This Act may be cited as the Contracts (Applicable Law) Act 1990.
Commencement Information
I11S. 9 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2
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