Paragraph 7 F1

(1)

The basis on which the rate-assessor is to make a rate determination in a review under paragraph 1(1) or 2(1) is as narrated in sub-paragraph (2).

(2)

A rate of return should reflect the return that could reasonably be expected to be achieved by a person who invests—

(a)

in the notional portfolio, and

(b)

for a period of F243 years.

(3)

This is without prejudice to paragraphs 10 and 20 (with paragraph 10 to be met before paragraph 20 is met).

(4)

For the notional portfolio, see the table in paragraph 12(3).

Annotations

F1: Sch. B1 inserted (S.) (1.7.2019) by Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (asp 4), s. 9(2), sch.; S.S.I. 2019/197, reg. 2
F2: Word in Sch. B1 para. 7(2)(b) substituted (1.7.2024) by The Damages (Review of Rate of Return) (Scotland) Regulations 2024 (S.S.I. 2024/163), regs. 1, 2(2)