2019 No. 197 (C. 6)

Damages

The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (Commencement No. 1) Regulations 2019

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 9(2) and (3) of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 20191.

Citation and commencement1

These Regulations may be cited as the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 and come into force on 1 July 2019.

Appointed day2

The day appointed for the coming into force of sections 1 and 2 (returns on investment of damages) and the schedule (investments: setting rate of return) of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 is 1 July 2019.

Amendment of the Damages Act 19963

1

In the provisions of schedule B1 of the Damages Act 19962 mentioned in paragraph (2), for the words from “the day” to the end of the provision substitute “1 July 2019”.

2

Those provisions are—

a

paragraph 1(3)(b),

b

paragraph 27(3),

c

paragraph 29(2), and

d

paragraph 30(2).

ASH DENHAMAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring sections 1 and 2 and the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (“the 2019 Act”) into force on 1 July 2019 (regulation 2). These provisions amend the Damages Act 1996 by replacing its provision on the setting of the personal injury discount rate (section 1 of the Damages Act 1996) with new provisions on that matter (section B1 and schedule B1 as inserted by sections 1 and 2 and the schedule of the 2019 Act).

Regulation 3 amends the text of schedule B1 of the Damages Act 1996 Act where it contains references to the day on which the schedule of the 2019 Act comes into force. The text is amended to refer directly to 1 July 2019.

The Bill for the 2019 Act received Royal Assent on 24 April 2019. Sections 8, 9 and 10 came into force on the following day.