Search Legislation

Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 3

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019, Section 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

3Award, continuity and index-linkingS

(1)In section 2 of the Damages Act 1996—

(a)after subsection (A1) there is inserted—

(A2)A court awarding damages for future pecuniary loss in respect of personal injury—

(a)must—

(i)consider whether to make an order under which those damages wholly or partly take the form of periodical payments, and

(ii)have special regard to the pursuer's needs and preferences when doing so, and

(b)may make such an order with or without the consent of the parties.,

(b)in subsection (1), for the words “in an action for personal injury” there is substituted “ in respect of personal injury (other than damages for future pecuniary loss) ”,

(c)after subsection (1) there is inserted—

(1A)A court may not make an order for periodical payments unless it is satisfied that the continuity of payment under the order is reasonably secure.

(1B)When a court makes an order for periodical payments, it must state why it is satisfied that the continuity of payment under the order is reasonably secure.,

and the title of the section becomes “ Periodical payment orders ”.

(2)After section 2B of the Damages Act 1996 there is inserted—

2CSecure continuity of periodical payments

(1)For the purpose of section 2(1A), a court is to assume that the continuity of payment under an order is reasonably secure if—

(a)the right to receive the payments would be protected by—

(i)a guarantee under section 6 or Schedule 1, or

(ii)a scheme under section 213 of the Financial Services and Markets Act 2000 (whether or not as modified by section 4 of this Act), or

(b)the source of payment would be a recognised body or office-holder listed in subsection (6).

(2)In an order for periodical payments, a court may include provision—

(a)specifying the method by which the payments are to be made,

(b)requiring the person responsible for making the payments to take specified action to secure the continuity of payment, where the continuity of payment is not considered by the court to be reasonably secure by virtue of subsection (1),

(c)enabling an application to be made to the court for variation of provision included in the order under paragraph (a) or (b).

(3)Despite inclusion in an order for periodical payments of provision of the kind mentioned in subsection (2)(a), the payments may be made by a different method if under the different method—

(a)the right to receive the payments is protected in one of the ways mentioned in subsection (1)(a), or

(b)the source of payment is a recognised body or office-holder listed in subsection (6).

(4)The court may vary the order in respect of provision of the kind mentioned in subsection (2)(a) or (b) but only if—

(a)an application is made to the court in accordance with provision included in the order under subsection (2)(c), and

(b)the court is satisfied that the continuity of payment under the order is still reasonably secure (with subsection (1) to be used for this too).

(5)As regards cases involving future pecuniary loss, subsection (4)(a) does not prevent variation of the order under section 2F(2)(a)(v) (which is about method of payment).

(6)This is the list of who is a recognised body or office-holder as referred to in subsections (1)(b) and (3)(b)—

(a)a part of the Scottish Administration,

(b)each of—

(i)a Minister of the Crown,

(ii)a department of the Government of the United Kingdom.

(7)The Scottish Ministers may by regulations—

(a)add an entry to the list in subsection (6) so as to include a particular, or category of—

(i)health service body,

(ii)non-government body,

(b)provide for an exception to an entry originally contained in the list in subsection (6) (or remove or modify such an exception provided for in the list).

(8)Regulations under subsection (7)—

(a)may remove an entry added to the list,

(b)may not remove an entry originally contained in the list.

(9)Regulations under subsection (7) are subject to the negative procedure.

2DIndex-linking of amount of periodical payments

(1)Deemed to be incorporated in an order for periodical payments is provision that the amount of the payments is to alter—

(a)at such times and in such manner as set by or determined under rules of court, and

(b)on the statutory basis applying in the case.

(2)Subsection (1) does not apply in relation to an order made before the day on which section 3 of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force.

(3)Provision deemed by subsection (1)(a) and (b) to be incorporated in an order may be modified by the court which makes the order.

(4)Provision deemed by subsection (1)(b) to be incorporated in an order may be replaced by the court which makes the order, by including provision in the order—

(a)for the alternative basis of alteration that is to apply in the case, or

(b)for there to be no alteration in the case.

(5)Provision of the kind mentioned in subsection (4)(a) may specify different bases for different circumstances.

(6)The statutory basis of alteration as mentioned in subsection (1)(b) is alteration by reference to, whether indicating an upward or downward trend—

(a)the retail prices index within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988, or

(b)some published information relating to costs, earnings or other monetary factors as is, for use instead of the retail prices index, prescribed in regulations made by the Scottish Ministers.

(7)Regulations under subsection (6)(b)—

(a)may make different provision for different circumstances,

(b)are subject to the affirmative procedure..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources