Damages Act 1996 (c. 48)

[F1 SCHEDULE C1 N.I. Setting the rate for section C1(1): Northern Ireland

Textual Amendments

F1 Sch. C1 inserted (N.I.) (10.2.2022) by Damages (Return on Investment) Act (Northern Ireland) 2022 (c. 1), s. 5(2), Sch.; S.R. 2022/30, art. 2(c)

Transitional arrangements N.I.

27 (1) This sub-paragraph applies to a rate of return— N.I.

(a) prescribed by an order under section 1(1) of the Damages Act 1996, and

(b) having effect—

(i) in relation to Northern Ireland, and

(ii) immediately before the appointed day.

(2) A rate of return to which sub-paragraph (1) applies is to be treated from the appointed day as if it were set for the purpose of section C1(1).

28 (1) A review under paragraph 1(1) of the position of there being no rate of return cannot cause the maintaining of that position, so in conducting such a review in relation to that position— N.I.

(a) paragraphs 5(a) and 33(5)(a) are to be read as if referring to a rate of return of some sort, and

(b) paragraphs 5(b) and 33(5)(b) are to be ignored.

(2) On the question of a review under paragraph 1(1) of the position of there being no rate of return, see paragraph 1(3)(b).

29 N.I. Paragraph 6 extends to views received, in advance of the appointed day, in anticipation of the starting of a review under paragraph 1(1).

30 N.I. Paragraph 26 extends to costs incurred, in advance of the appointed day, in anticipation of the starting of a review under paragraph 1(1).]