SCHEDULES

X1SCHEDULE 20U.K. Law Applicable to Certain Contracts of Insurance

[F1Part IIU.K.Long Term Business by Societies to which Section 37(2) applies]

F2General rules as to applicable lawU.K.

F36The 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.

F47Where 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.

F5Mandatory rulesU.K.

F68Nothing 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.

F7Supplementary provisionsU.K.

F89(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.

F910(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.