Article 2 Damages (Scotland) Act 2011

(1)

The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2)

In rule 36.1 (application and interpretation of Part I to Chapter 36)—

(a)

in paragraph (1)(a), omit “by the executor of the deceased,”;

(b)

in paragraph (1)(b), omit “by any relative of the deceased,”; and

(c)

in paragraph (2), omit the definition of “relative”^f1.

(3)

In rule 36.19 (mesothelioma actions: special provisions)^f2, for “section 1(2A) and (2B) of the Damages (Scotland) Act 1976^f3 (liability where the personal injury in consequence of which the deceased died is mesothelioma)” substitute “section 5 of the Damages (Scotland) Act 2011 (discharge of liability to pay damages: exception for mesothelioma)”.

(4)

In relation to any action raised in respect of any death occurring before 7th July 2011, rule 36.19 shall be construed in accordance with article 4 of the Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011^f4.

Annotations

Footnotes

f1: The definition of relative is amended by paragraph 1 of schedule 1 to the Damages (Scotland) Act 2011 (asp 7), which, by virtue of article 3 of S.S.I. 2011/268, comes into force at the same time as this instrument.
f2: Rule 36.19 was inserted by S.S.I. 2009/285.
f3: 1976 c. 13.
f4: S.S.I. 2011/268.