Damages (Scotland) Act 1993

6 Transitional and retrospective provisions

(1) Section 1A of the 1976 Act (as substituted by section 2 of this Act) shall have effect as if it expressly provided that the reference to a right to damages under section 1 of the 1976 Act included a reference to a right under that section as it existed at the time when the right vested, and section 2A shall have effect accordingly.

(2) Section 1A of the 1976 Act shall also have effect as if it provided that the reference to a right to damages under section 1 of the 1976 Act included a reference to a right to damages by way of solatium in respect of the death of a person under the law in force before 13th May 1976, and section 2A shall have effect accordingly.

(3) Section 9A of the 1976 Act shall not affect any proceedings commenced before this Act comes into operation.

(4) Subject to the following provisions of this section, this Act shall have effect only in relation to deaths occurring on or after its commencement.

(5) Notwithstanding section 3 of the 1976 Act, section 1A of that Act shall have effect, subject to subsection (8) below, in the case of the death on or after 16 July 1992 of the relative concerned.

(6) Notwithstanding section 2 of the 1976 Act as it existed prior to the commencement of this Act, that section as substituted by section 3 of this Act shall have effect, subject to subsections (7) and (8) below, in the case of the death on or after 16 July 1992 of a person in whom was vested immediately before his death a right to damages in respect of personal injuries.

(7) Subsection (6) above shall not apply in the case of a death before the commencement of this Act in so far as it would enable an executor to recover damages (other than for patrimonial loss) in respect of injury resulting from defamation or any other verbal injury or other injury to reputation sustained by the deceased.

(8) Neither subsection (5) nor (6) above shall apply where the rights to damages which transmitted to the deceased’s executor under section 1 or 2 of the 1976 Act prior to the commencement of this Act have been subject to—

(a) a full and final settlement; or

(b) determination by a court in a final judgment within the meaning of section 19A(3) of the [1973 c. 52.] Prescription and Limitation (Scotland) Act 1973,

before the commencement of this Act.

(9) In calculating whether a claim made by an executor by virtue of subsection (5) or (6) above is unenforceable by virtue of the provisions of Part II of the Prescription and Limitation (Scotland) Act 1973, the period starting with the date of death and ending with the commencement of this Act shall not be taken into account.