3 Provisions supplementary to section 2.

For section 22 of the principal Act there shall be substituted the following section—

22 Interpretation of Part II and supplementary provisions.

1

In this Part of this Act—

  • the court” means the Court of Session or the sheriff court; and

  • personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

2

Where the pursuer in an action to which section 17 or 18 of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or, as the case may be, 18 to the pursuer in the action shall be construed as a reference to the assignor of the right of action.

3

For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant.

4

An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.