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The Damages (Personal Injury) (Scotland) Order 2017

S.S.I. 2017/96 · Made 27 March 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Damages

Made 27th March 2017

Laid before the Scottish Parliament 27th March 2017

Coming into force 28th March 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(1) of the Damages Act 1996f1 and all other powers enabling them to do so.

In accordance with section 1(4) of that Act they have consulted the Government Actuary.

Annotations to the whole text

Footnotes

f1

1996 c.48; section 1(5) was substituted by S.I. 1999/1820, schedule 2, paragraph 126. In their application to Scotland, subsections (1) and (4) of section 1 are modified by subsection (5).

Contents

  1. 1Citation, commencement and extent
  2. 2Rate of return
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Damages (Personal Injury) (Scotland) Order 2017 and comes into force on 28th March 2017.

(2)

This Order extends to Scotland only.

2Rate of return

The rate of return referred to in section 1(1) of the Damages Act 1996 is minus 0.75 per cent.

3Revocation

The Damages (Personal Injury) (Scotland) Order 2002f1 is revoked.

Signature

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th March 2017

Explanatory note

(This note is not part of the Order)

This Order prescribes minus 0.75 per cent as the rate of return which, under section 1 of the Damages Act 1996, courts are required to take into account when calculating damages for future pecuniary loss in an action for personal injury. This Order also revokes the Damages (Personal Injury) (Scotland) Order 2002.