Search Legislation

Damages (Scotland) Act 2011

Section 10: Enforcement by executor of rights transmitted under section 2 or 9

62.Section 10 re-enacts section 2A of the 1976 Act. It makes provision as to how an executor can enforce the rights that are transmitted on the death of a victim (by virtue of section 2) or on the death of a relative of the victim (by virtue of section 9).

63.Subsection (1) provides that an executor may raise an action to enforce the deceased’s rights or, if the deceased had already raised an action that has not been concluded, may be sisted as pursuer.

64.Subsection (2) provides that an action is not to be taken as concluded for this purpose while an appeal is competent or before any appeal is disposed of.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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