Part II S Damages for Personal Injuries Etc.—Scotland

13 Supplementary.S

(1)In this Part of this Act, unless the context otherwise requires—

• [F1“personal injuries” means––

  (a)

  any disease, and

  (b)

  any impairment of a person's physical or mental condition;]

• “relative”, in relation to the injured person, means—

  (a)

  the spouse or divorced spouse;

  (aa)

  [F2the civil partner or former civil partner;]

  (b)

  any person, not being the spouse of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as husband or wife;

  (ba)

  [F3any person, not being the civil partner of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as the civil partner of the injured person;]

  (c)

  any ascendant or descendant;

  (d)

  any brother, sister, uncle or aunt; or any issue of any such person;

  (e)

  any person accepted by the injured person as a child of his family.

In deducing any relationship for the purposes of the foregoing definition—

(a)any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and

(b)[F4section 1(1) of the Law Reform (Parent and Child)(Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly].

(2)Any reference in this Part of this Act to a payment, benefit or pension shall be construed as a reference to any such payment, benefit or pension whether in cash or in kind.

(3)This Part of this Act binds the Crown.