Damages (Scotland) Act 1976 (repealed)

Section 1.

SCHEDULE 1 S Definition of “Relative”

1 S In this Act “relative” in relation to a deceased person includes—

(a) any person who immediately before the deceased’s death was the spouse [F1 or civil partner]of the deceased;

[F2 (aa) any person, not being the spouse[F3 or civil partner] of the deceased, who was, immediately before the deceased's death , living with the deceased as husband or wife;][F4 or in a relationship which had the characteristics of the relationship between civil partners]

(b) any person who was a parent or child of the deceased;

(c) any person not falling within [F5 sub-paragraph] (b) above who was accepted by the deceased as a child of his family;

[F6 (ca) any person not falling within sub-paragraph (b) above who accepted the deceased as a child of the person's family;

(cb) any person who—

(i) was the brother or sister of the deceased; or

(ii) was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child;

(cc) any person who was a grandparent or grandchild of the deceased;]

(d) any person [F7 not falling within sub-paragraph (b) or (cc) above ] who was an ascendant or descendant F8 ... of the deceased;

(e) any person [F9 not falling within sub-paragraph (cb)(i) above] who was, or was the issue of, a brother, sister, uncle or aunt of the deceased; F10 ...

(f) any person who, having been a spouse of the deceased, had ceased to be so by virtue of a divorce;[F4 or in a relationship which had the characteristics of the relationship between civil partners ][F11 and

(g) any person who, having been a civil partner of the deceased, had ceased to be so by virtue of the dissolution of the civil partnership.]

but does not include any other person.

Textual Amendments

F1 Words in Sch. 1 para. 1(a) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 2(a); S.S.I. 2006/212, art. 2

F2 Sch. 1 para. 1(aa) inserted by Administration of Justice Act 1982 (c. 53, SIF 112:3), ss. 14(4), 73(5)

F3 Words in Sch. 1 para. 1(aa) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 2(b)(i); S.S.I. 2006/212, art. 2

F4 Words in Sch. 1 para. 1(aa) added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 2(b)(ii); S.S.I. 2006/212, art. 2

F5 Word in Sch. 1 para. 1(c) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 35(5)(a), 46(2); S.S.I. 2006/212, art. 2 (with art. 8)

F6 Sch. 1 para. 1(ca)-(cc) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 35(5)(b), 46(2); S.S.I. 2006/212, art. 2 (with art. 8)

F7 Words in Sch. 1 para. 1(d) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 35(5)(c), 46(2); S.S.I. 2006/212, art. 2 (with art. 8)

F8 Words in Sch. 1 para. 1(d) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2

F9 Words in Sch. 1 para. 1(e) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 35(5)(d), 46(2); S.S.I. 2006/212, art. 2 (with art. 8)

F10 Word in Sch. 1 para. 1(e) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 42(3), Sch. 30; S.I. 2005/3175, art. 2(6); word also said to be repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 2(c); S.S.I. 2006/212, art. 2

F11 Sch. 1 para. 1(g) and preceding word added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 2 para. 2(d); S.S.I. 2006/212, art. 2

2 S In deducing any relationship for the purposes of the foregoing paragraph—

(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

[F12 (b) section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply; and any reference (however expressed) in this Act to a relative shall be construed accordingly.]

Textual Amendments

F12 Sch. 1 para. 2(b) substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 15