International Transport Conventions Act 1983

Section 3(6).

SCHEDULE 1 Fatal Accidents: Scotland

1 (1) Subject to sub-paragraph (2) below, no enactment or rule of law shall have effect so as to permit a person who has a right of action under the Convention in respect of the death of a passenger by virtue of his being a person whom the passenger was under a legal duty to maintain to raise any other action in that respect for any loss of support suffered by him.

(2) Sub-paragraph (1) above shall not apply in so far as the other action concludes for a loss of society award as defined in section 1(4) of the [1976 c. 13.] Damages (Scotland) Act 1976.

2 Section 1(5) of the said Act of 1976 (exclusion of certain items in assessment of damages) shall apply to an action brought under the Convention as it applies to an action brought under that Act; but section 6 of that Act shall not apply to such an action under the Convention.

3 Where separate proceedings in respect of the death of a passenger are brought under the Convention and under any other enactment or rule of law the court, in awarding damages in such other proceedings, shall take into account any damages awarded in the proceedings brought under the Convention and may make any part of its award conditional on the result of those proceedings.

4 In the said Act of 1976—

(a) in section 1(7) (restriction on awards of damages to relatives) before the word " no " there shall be inserted the words " or under section 1 of the International Transport Conventions Act 1983 " ;

(b) after subsection (1) of section 5 (provisions for avoiding multiplicity of actions) there shall be inserted the following subsection—

“(1A) This section shall not apply to an action brought under section 1 of the International Transport Conventions Act 1983—

(a) by a person whom the deceased was under a legal duty to maintain ; or

(b) by the deceased's executor.”.