Explanatory Notes

Damages (Scotland) Act 2011

2011 asp 7

7 April 2011

Commentary on Sections

Section 14: Interpretation

74.Section 14 makes provision for interpreting the Act. It corresponds to section 10 of the 1976 Act in regard to the definition of “personal injuries” and sets out the categories of relatives who may claim non-patrimonial and patrimonial losses. As noted at paragraph 34, the Act maintains a distinction between the deceased’s immediate family and other relatives. The categories correspond to Schedule 1 of the 1976 Act with an addition to the immediate family of persons who accepted the deceased as a grandparent or were accepted by the deceased as grandchildren.

75.Subsection (1) defines what is meant by “personal injuries” and “relative” for the purposes of the Act.