The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009

Made: 23rd November 2009

Laid before Parliament: 24th November 2009

Coming into force: 17th December 2009

The Treasury, in exercise of the powers conferred by sections 424(3), 417(1) and 428(3) of the Financial Services and Markets Act 2000 , make the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009 and come into force on 17th December 2009.

• (2) In these Regulations—

• “the 2001 Regulations” means the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001;

• “the Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17th June 2008 on the law applicable to contractual obligations (Rome I) , as that Regulation has effect as assimilated direct legislation, unless the contractual obligations are ones in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case it means that Regulation as it has effect by virtue of that Article.

• (3) Expressions used in regulations 4 and 5 and in the Rome I Regulation have the same meaning as in the Rome I Regulation unless the context requires otherwise.

Limited application of the 2001 Regulations

2

• (1) After regulation 3(1) of the 2001 Regulations insert—

(1A) These Regulations do not apply to contracts of insurance entered into on or after 17th December 2009.

• (2) In regulation 3(2) of the 2001 Regulations, after the words “friendly societies” insert “ before 17th December 2009 ”.

Application of the Rome I Regulation: conflicts between different parts of the United Kingdom

3

Article 7 of the Rome I Regulation, as that Regulation has effect as assimilated direct legislation, applies in the case of conflicts between—

• (a) the laws of different parts of the United Kingdom, or

• (b) the laws of one or more parts of the United Kingdom and Gibraltar,

in relation to contracts of insurance described in Article 7 of the Rome I Regulation as it applies in the case of conflicts between the laws of different countries.

Contracts of insurance of risks other than large risks: greater freedom of choice of law

4

Where, in the case of a contract of insurance to which Article 7(3) of the Rome I Regulation applies, the law referred to in sub-paragraph (a) or (b) of that Article, or one of the laws referred to in sub-paragraph (e) of that Article, is a law of any part of the United Kingdom, the parties to that contract may also choose as the law applicable to the contract—

• (a) the law of another country; or

• (b) the law of another part of the United Kingdom,

if that choice complies with Article 3, Article 6 and Articles 9 to 22 of that Regulation.

Community co-insurers

5

Where the parties to the contract may choose the applicable law under the Rome I Regulation or under regulation 4, and where the risk to which the contract relates is covered by Community co-insurance (within the meaning of Article 190 of the Solvency 2 Directive), co-insurers other than the leading insurer (within the meaning of that Article) are not to be treated as parties to the contract.

Signed

Dave Watts — Bob Blizzard — Two of the Lords Commissioners of Her Majesty's Treasury — 2009-11-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: See the definition of “prescribed” in section 417 of the Financial Services & Markets Act 2000 (c. 8).

[^f00002]: 2000 c. 8.

[^f00003]: S.I. 2001/2635, amended by S.I. 2001/3542 and S.I. 2007/2403.

[^f00004]: OJ L 177, 4.7.2008, p. 6.

[^f00005]: OJ L 151, 7.6.78, p. 25.

Editorial notes

[^c19961521]: See the definition of “prescribed” in section 417 of the Financial Services & Markets Act 2000 (c. 8).

[^c19961531]: 2000 c. 8.

[^c19961541]: S.I. 2001/2635, amended by S.I. 2001/3542 and S.I. 2007/2403.

[^c19961551]: OJ L 177, 4.7.2008, p. 6.

[^key-91c3b450335e500130f3c6240b056395]: Words in reg. 5 substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 31(2)(a)

[^key-e0f72ec7cd84ead2ae04f0cc30058b91]: Words in reg. 5 substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 31(2)(b)

[^key-a6155288a4fe21772f3171bb79816b3d]: Words in reg. 1(2) inserted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 7(2) (as substituted by S.I. 2020/1574, regs. 1, 6(9)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2b85c5c86a1b0e79cb8b2e1c4693160f]: Words in reg. 3 heading substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 7(3)(a) (as substituted by S.I. 2020/1574, regs. 1, 6(9)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c354421c8b709f2b061d813e2b84e194]: Words in reg. 3 substituted (31.12.2020) by The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 7(3)(b) (as substituted by S.I. 2020/1574, regs. 1, 6(9)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cf090ffcecb97f112df7da28654b1fea]: Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)

[^key-6a62a8de0e3d35c46b0ad490659acc96]: Words in reg. 1(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 7(a)

[^key-4e13c4fb8c44c0b97ce24f3ed68594aa]: Words in reg. 3 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 7(b)