Joint Committee on Statutory Instruments Eighth Report


Memorandum from the Treasury


REGULATIONS 2001 (S.I. 2001/2635)

1. The Treasury submit this memorandum in response to the request dated 23 October 2001 set out below—

Explain the intended effect of the modification to regulation 7 made by regulation 3(2)(c)(iii), given that the words "the 1990 Act is deemed to apply" do not appear in regulation 7. Should those words have read "the 1990 Act is to be treated as applying"? If so, explain the sense of the modification in relation to regulation 7(1), and in particular the reference to "that part".

2. The Treasury fully accept that the drafting of regulation 3(2)(c)(iii) and regulation 7(1) should, but do not, match up. This is a drafting error. The Regulations are not yet in force. The Treasury propose to amend the Regulations before they come into force to correct this error.

3. The reference to "that part" of the UK is to reflect the fact that the constituent parts of the UK may have different general rules of private international law applicable to contractual obligations. However, we accept that it is not clear in regulation 7(1) which part of the UK is "that" part for these purposes. In these circumstances we propose to amend regulation 3(2)(c)(iii), so far as it modifies regulation 7(1), by substituting for the second set of words in inverted commas "a court in any part of the United Kingdom must apply the general rules of private international law of that part of the United Kingdom concerning contractual obligations".

26 October 2001

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