PART 2U.K.Unfair terms

Supplementary provisionsU.K.

74 [F1Contracts applying law of a country other than the UK]U.K.

(1)If—

(a)the law of a country or territory other than [F2the United Kingdom or any part of the United Kingdom] is chosen by the parties to be applicable to a consumer contract, but

(b)the consumer contract has a close connection with the United Kingdom,

this Part applies despite that choice.

(2)For cases where the law applicable has not been chosen F3..., see Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [F4as that Regulation has effect as retained direct EU legislation (including that Regulation as applied by regulation 5 of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009 and regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the case is one in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case see that Regulation as it has effect by virtue of that Article.]

Textual Amendments

F4Words in s. 74(2) inserted by S.I. 2019/834, reg. 4A(3) (as inserted (31.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(6))

Commencement Information

I1S. 74 in force at 1.10.2015 by S.I. 2015/1630, art. 3(c) (with art. 6(1))