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Family Law (Scotland) Act 2006

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Amendments of Damages (Scotland) Act 1976

35Amendments of Damages (Scotland) Act 1976

(1)The Damages (Scotland) Act 1976 (c. 13) shall be amended in accordance with subsections (2) to (5).

(2)In subsection (4) of section 1 (rights of relatives of deceased person), at the beginning there shall be inserted “Subject to subsection (4A),”.

(3)After that subsection, there shall be inserted—

“(4A)Notwithstanding section 10(2) of, and Schedule 1 to, this Act, no award of damages under subsection (4) above shall be made to a person related by affinity to the deceased.

(4B)In subsection (4A), a “person related by affinity to the deceased” includes—

(a)a stepchild, step-parent, stepbrother or stepsister of the deceased; and

(b)any person who was an ascendant or descendant of any of the step-relatives mentioned in paragraph (a).”.

(4)In subsection (2) of section 10 (interpretation), for the words from “sub-paragraph” to “or (c)”, there shall be substituted “any of sub-paragraphs (a) to (cc)”.

(5)In paragraph 1 of Schedule 1 (definition of relative)—

(a)in sub-paragraph (c), for “paragraph” there shall be substituted “sub-paragraph”;

(b)after that sub-paragraph, there shall be inserted—

“(ca)any person not falling within sub-paragraph (b) above who accepted the deceased as a child of the person’s family;

(cb)any person who—

(i)was the brother or sister of the deceased; or

(ii)was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child;

(cc)any person who was a grandparent or grandchild of the deceased;”;

(c)in sub-paragraph (d), after “person” there shall be inserted “not falling within sub-paragraph (b) or (cc) above”; and

(d)in sub-paragraph (e), after “person” there shall be inserted “not falling within sub-paragraph (cb)(i) above”.

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