35Amendments of Damages (Scotland) Act 1976S
(1)The Damages (Scotland) Act 1976 (c. 13) shall be amended in accordance with subsections (2) to (5).
(2)In subsection (4) of section 1 (rights of relatives of deceased person), at the beginning there shall be inserted “ Subject to subsection (4A), ”.
(3)After that subsection, there shall be inserted—
“(4A)Notwithstanding section 10(2) of, and Schedule 1 to, this Act, no award of damages under subsection (4) above shall be made to a person related by affinity to the deceased.
(4B)In subsection (4A), a “person related by affinity to the deceased” includes—
(a)a stepchild, step-parent, stepbrother or stepsister of the deceased; and
(b)any person who was an ascendant or descendant of any of the step-relatives mentioned in paragraph (a).”.
(4)In subsection (2) of section 10 (interpretation), for the words from “sub-paragraph” to “or (c)”, there shall be substituted “ any of sub-paragraphs (a) to (cc) ”.
(5)In paragraph 1 of Schedule 1 (definition of relative)—
(a)in sub-paragraph (c), for “paragraph” there shall be substituted “ sub-paragraph ”;
(b)after that sub-paragraph, there shall be inserted—
“(ca)any person not falling within sub-paragraph (b) above who accepted the deceased as a child of the person's family;
(cb)any person who—
(i)was the brother or sister of the deceased; or
(ii)was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child;
(cc)any person who was a grandparent or grandchild of the deceased;”;
(c)in sub-paragraph (d), after “person” there shall be inserted “ not falling within sub-paragraph (b) or (cc) above ”; and
(d)in sub-paragraph (e), after “person” there shall be inserted “ not falling within sub-paragraph (cb)(i) above ”.