Scottish Statutory Instruments
Damages
Made
4th June 2019
Laid before the Scottish Parliament
6th June 2019
Coming into force
1st July 2019
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 2019(1).
1. 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.
2. 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.
3.—(1) In the provisions of schedule B1 of the Damages Act 1996(2) 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 DENHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
4th June 2019
(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.
1996 c.48; schedule B1 is inserted by Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (asp 4), section 2 and the schedule, which come into force on 1 July 2019 by virtue of these Regulations.