1Mesothelioma: rights of relatives of a deceased person to damages
(1)Section 1 of the Damages (Scotland) Act 1976 (c. 13) (“the 1976 Act”) is amended in accordance with subsections (2) and (3).
(2)At the beginning of subsection (2) (which provides that the liability of the responsible person to pay damages to a relative does not arise where the deceased has before death excluded or discharged liability to pay damages) insert “Except as set out in subsection (2A) below,”.
(3)After subsection (2) insert—
“(2A)Where subsection (2B) below applies—
(a)liability arises under this section even though the liability to the deceased or the deceased’s executor mentioned in subsection (2) above has been discharged as mentioned in that subsection; but
(b)that liability is limited to the payment of such sum of damages as is awarded under subsection (4) below.
(2B)This subsection applies where—
(a)the personal injury in consequence of which the deceased died is mesothelioma; and
(b)the discharge of liability and the death each occurred on or after 20 December 2006 (and whether before, on or after the date on which section 1 of the Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 (asp 18) came into force).”.
(4)In a case where—
(a)section 1(2B) of the 1976 Act applies, and
(b)the death occurred before the coming into force of this section,
any right of a relative who died before the coming into force of this section to damages under section 1 of the 1976 Act is to be taken, for the purpose of section 1A of the 1976 Act, to have vested in the person on the deceased’s death.