The Damages (Personal Injury) (Scotland) Order 2017

Made27th March 2017

Laid before the Scottish Parliament27th March 2017

Coming into force28th March 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(1) of the Damages Act 19961 and all other powers enabling them to do so.

In accordance with section 1(4) of that Act they have consulted the Government Actuary.

Citation, commencement and extent1

1

This Order may be cited as the Damages (Personal Injury) (Scotland) Order 2017 and comes into force on 28th March 2017.

2

This Order extends to Scotland only.

Rate of return2

The rate of return referred to in section 1(1) of the Damages Act 1996 is minus 0.75 per cent.

Revocation3

The Damages (Personal Injury) (Scotland) Order 20022 is revoked.

ANNABELLE EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh27th March 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes minus 0.75 per cent 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. This Order also revokes the Damages (Personal Injury) (Scotland) Order 2002.