Damages (Scotland) Act 20112.
(1)
The Ordinary Cause Rules are amended in accordance with the following subparagraphs.
(2)
In rule 36.1 (application and interpretation of Part I to Chapter 36)—
(a)
in paragraph (1)(a), omit “by the executor of the deceased,”;
(b)
in paragraph (1)(b), omit “by any relative of the deceased,”; and
(c)
in paragraph (2), omit the definition of “relative”5.
(3)
In rule 36.19 (mesothelioma actions: special provisions)6, for “section 1(2A) and (2B) of the Damages (Scotland) Act 19767 (liability where the personal injury in consequence of which the deceased died is mesothelioma)” substitute “section 5 of the Damages (Scotland) Act 2011 (discharge of liability to pay damages: exception for mesothelioma)”.
(4)
In relation to any action raised in respect of any death occurring before 7th July 2011, rule 36.19 shall be construed in accordance with article 4 of the Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 20118.