The Damages (Personal Injury) (Scotland) Order 2002

Scottish Statutory Instruments

2002 No. 46

DAMAGES

The Damages (Personal Injury) (Scotland) Order 2002

Made

6th February 2002

Laid before the Scottish Parliament

7th February 2002

Coming into force

8th February 2002

The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (4) of the Damages Act 1996(1), having consulted with the Government Actuary in accordance with section 1(4) of that Act, make the following Order:

Citation, commencement and extent

1.  This Order may be cited as the Damages (Personal Injury) (Scotland) Order 2002 and shall come into force on 8th February 2002.

2.  This Order extends to Scotland only.

Rate of return

3.  The rate of return referred to in section 1(1) of the Damages Act 1996 shall be 2.5 per cent.

RICHARD SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th February 2002

Explanatory Note

(This note is not part of the Order)

This Order prescribes 2.5% as the rate of return which, under section 1 of the Damages Act 1996, courts are required to take into account when calculating damages for future pecuniary loss in an action for personal injury.

(1)

1996 c. 48; sections 1(1) and (4) were amended by section 1(5) of that Act in their application to Scotland by the substitution of “Scottish Ministers” for the “Lord Chancellor”, the substitution of “the Scottish Parliament” for “either House of Parliament”, and the omission of a reference to consultation with the Treasury. Section 1(5) was substituted by S.I. 1999/1820, articles 1(2) and 4, Schedule 2, paragraph 126.