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”.