SCHEDULES
F1SCHEDULE 20
F2Part IILong Term Business by Societies to which Section 37(2) applies
Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)
F3General rules as to applicable law
Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)
F46
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.
F57
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.
F6Mandatory rules
Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)
F78
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.
F8Supplementary provisions
Sch. 20 Pt. II inserted (1.1.1994) by S.I. 1993/2519, reg. 6(4)
F99
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.
F1010
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.
Sch. 20 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 202(b)