3 Provisions supplementary to section 2.S
For section 22 of the principal Act there shall be substituted the following section—
“22 Interpretation of Part II and supplementary provisions.
(1)In this Part of this Act—
“the court” means the Court of Session or the sheriff court; and
“personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
(2)Where the pursuer in an action to which section 17 or 18 of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or, as the case may be, 18 to the pursuer in the action shall be construed as a reference to the assignor of the right of action.
(3)For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant.
(4)An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.”.