2011 No. 268 (C. 20)
The Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 19(3) and (4) of the Damages (Scotland) Act 20111 and all other powers enabling them to do so.
Citation and commencement1
This Order may be cited as the Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011 and comes into force on 7th July 2011.
Interpretation2
In this Order—
“the Act” means the Damages (Scotland) Act 2011; and
“the 1976 Act” means the Damages (Scotland) Act 19762.
Appointed day3
The appointed day for the coming into force of the provisions of the Act, in so far as they are not already in force, is 7th July 2011.
Transitional and savings provisions4
1
In relation to any death occurring before 4th May 2006, the Act applies—
a
under omission of section 4(5) and the definition of “relative” in section 14(1); and
b
instead with—
i
any reference to a relative in relation to a person being construed in accordance with Schedule 1 to the 1976 Act; and
ii
any reference to a person’s immediate family being construed in accordance with section 10(2) of the 1976 Act as read with that Schedule;
that is, as those provisions of the 1976 Act had effect immediately before their repeal by the Act but as if they had not been modified by section 35(4) and (5)(b) to (d) of the Family Law (Scotland) Act 20063.
2
In relation to any death occurring on or after 4th May 2006 and before the appointed day, paragraph (d) of the definition of “relative” in section 14(1) of the Act has effect as if the words from “accepted the” to the end of that paragraph were omitted.
(This note is not part of the Order)