Statutory Instrument 2000 No. 1825

      The Contracts (Applicable Law) Act 1990 (Amendment) Order 2000


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STATUTORY INSTRUMENTS


2000 No. 1825

CONTRACTS

The Contracts (Applicable Law) Act 1990 (Amendment) Order 2000

  Made 12th July 2000 
  Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of July 2000

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Convention on the law applicable to contractual obligations ("the Rome Convention")[1] was opened for signature on 19th June 1980 and signed by Her Majesty's Government on 7th December 1981:

     And whereas a Convention on the accession of the Hellenic Republic to the Rome Convention ("the Luxembourg Convention")[2] was signed by Her Majesty's Government on 10th April 1984:

     And whereas a Protocol on the Interpretation of the Rome Convention by the Court of Justice of the European Communities ("the Brussels Protocol ")[3] was signed by Her Majesty's Government on 19th December 1988:

     And whereas the Contracts (Applicable Law) Act 1990[4] gave the force of law to the Rome Convention and the Luxembourg Convention and to the Brussels Protocol in the United Kingdom:

     And whereas by section 4(1) of that Act, if at any time it appears to Her Majesty in Council that Her Majesty's Government in the United Kingdom have agreed to a revision of any of these Conventions, including, in particular, any revision connected with the accession to the Rome Convention of any state, Her Majesty may by Order in Council make such consequential modifications of that Act as Her Majesty considers appropriate:

     And whereas a Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention[5] was signed on 29th November 1996, and in consequence Her Majesty's Government in the United Kingdom have agreed to a revision of the Rome Convention:

     And whereas each House of Parliament has by a resolution approved a draft of this Order:

     Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Contracts (Applicable Law) Act 1990, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

     1. This Order may be cited as the Contracts (Applicable Law) Act 1990 (Amendment) Order 2000 and shall come into force on the date on which the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Rome Convention and to the Brussels Protocol enters into force in respect of the United Kingdom, which date shall be notified in the London, Edinburgh and Belfast Gazettes.

    
2. In this Order, "the Act" means the Contracts (Applicable Law) Act 1990 and a reference to a section or Schedule by number alone means the section or Schedule so numbered in that Act.

    
3. After section 1(d) insert-

      " (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;".

     4. In section 2(4)-

     5. For the Protocol at the end of Schedule 1 substitute-

     6. In Schedule 3, in paragraph (a) of Article 2-

     7. Insert the text set out in the Schedule to this Order after Schedule 3A.



A. K. Galloway

Clerk of the Privy Council

SCHEDULE


Article 7





EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Contracts (Applicable Law) Act 1990. That Act gives effect, in the United Kingdom, to the 1980 Convention on the law applicable to contractual obligations (the Rome Convention) and the Luxembourg Convention of 1984 (by which Greece acceded to the Rome Convention). The Rome Convention harmonises the private international law rules of the Member States of the European Union on the law applicable to contracts.

This Order makes minor amendments to the 1990 Act to reflect the revisions made to the Rome Convention on the accession of Austria, Finland and Sweden. The text of the Convention, signed at Brussels, by which Austria, Finland and Sweden acceded to the Rome Convention is set out in the Schedule to the Order which is incorporated as Schedule 3B to the Act. The effect of this Order will be to enable the United Kingdom to ratify that Convention.

The 1990 Act has been previously amended by S.I. 1994/1900 which reflected the revisions made to the Rome Convention by the Funchal Convention, the Convention whereby Spain and Portugal acceded to the Rome Convention.


Notes:

[1] OJ No. L266, 9.10.1980.back

[2] OJ No. L146, 31.5.1984.back

[3] OJ No. L48, 20.2.1981.back

[4] 1990 c. 36; amended by S.I. 1994/1900 consequent on the Convention on the accession of Spain and Portugal to the Rome Convention and Brussels Protocol signed by the United Kingdom in Funchal on 18th May 1992.back

[5] OJ No. C15, 15.1.1997, p. 10.back



ISBN 0 11 099555 4


 

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