Section 67 Effect of compensation order on subsequent award of damages in civil proceedings.C1

Scotland

(1)

This section shall have effect where a compensation order F1or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.

(2)

The damages in the civil proceedings shall be assessed without regard to the order F2or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award.

(3)

Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment—

(a)

if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or

(b)

if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid,

without the leave of the court.

F3(4)

In this section a “service compensation order or award” means—

(a)

an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)

an award of stoppages payable by way of compensation under any of those Acts.

Annotations

Textual amendments

F1: Words in s. 67(1) inserted (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(1), Sch. 2 para. 9(2)(a); S.I. 1991/2719, art.2
F2: Words in s. 67(2)(3) inserted (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(1), Sch. 2 para. 9(2)(b); S.I. 1991/2719, art.2
F3: S. 67(4) added (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(1), Sch. 2 para. 9(2)(c); S.I. 1991/2719, art.2

Modifications

C1: S. 67 extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 183(5B), 384(5B) (as inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(1)(2)(a)(b))

Notes on Part IV

Textual amendments

F1: Part IV (ss. 58-67) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)