Part II

Damages for Personal Injuries Etc.—Scotland

Supplementary.
13
1
In this Part of this Act, unless the context otherwise requires—
- “
personal injuries
” means––
  1. any disease, and
  2. any impairment of a person's physical or mental condition;
- “relative”, in relation to the injured person, means—
  1. the spouse or divorced spouse;
  2. the civil partner or former civil partner;
  3. any person, not being the spouse of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as husband or wife;
  4. any person, not being the civil partner of the injured person, who was, at the time of the act or omission giving rise to liability in the responsible person, living with the injured person as the civil partner of the injured person;
  5. any ascendant or descendant;
  6. any brother, sister, uncle or aunt; or any issue of any such person;
  7. any person accepted by the injured person as a child of his family.
In deducing any relationship for the purposes of the foregoing definition—
a
any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and
b
section 1(1) of the Law Reform (Parent and Child)(Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly.
2
Any reference in this Part of this Act to a payment, benefit or pension shall be construed as a reference to any such payment, benefit or pension whether in cash or in kind.
3
This Part of this Act binds the Crown.
S. 13(1): para. (aa) in definition of 'relative' inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263(10)(c), Sch. 28 para. 47; S.S.I. 2005/604, art. 2(c)
S. 13(1): para. (ba) in definition of 'relative' inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 30, 46(2), S.S.I. 2006/212, art. 2 (with arts. 3-13)
Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 19
Pt. II (ss. 7–14) modified by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 6(1)(d), 41(2), 47(1)(2)
Pt. VI applies to Scotland only to the extent specified in s. 48
Words in s. 13(1) substituted (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), s. 19(3), sch. 1 para. 3 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)