For section 23A(5) of the Prescription and Limitation (Scotland) Act 1973 [Section 23A was inserted by section 4 of the Prescription and Limitation (Scotland) Act 1984 (c. 45). Relevant amendments were made by S.S.I 2008/404 and 2009/410.] (application of the Rome I and II Regulations) substitute -

"(5) In subsection (4) -

(a) "the Rome I Regulation" means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) as that Regulation has effect as retained direct EU legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the proceedings 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; and

(b) "the Rome II Regulation" means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to noncontractual obligations (Rome II) as that Regulation has effect as retained direct EU legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008), unless the proceedings are ones in respect of which Regulation (EC) No. 864/2007 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."