The Personal Injuries (Civilians) Amendment Scheme 2001

Amendment of article 2 (definitions)

1.—(1) For the definition of “adopted” in paragraph (2) of article 2 substitute—

““adopted” means adopted within the meaning of Part IV of the Adoption Act 1976(1) or, in Scotland, section 38 of the Adoption (Scotland) Act 1978(2) and “adoption” shall be construed accordingly;”.

(2) For the definition of “dependent child” in paragraph (7) of article 2 substitute—

• ““dependent child”, in relation to a person who has sustained a qualifying injury, means a child with respect to whom that person—

  (a)

  is in law the mother or father of the child, including by adoption;

  (b)

  is the child’s step parent; or

  (c)

  is the child’s foster parent within the meaning in the Children Act 1989(3) or, in Scotland, the Foster Children (Scotland) Act 1984(4) and in each case the injured person—

  (i)

  is regularly maintaining him or contributing to his maintenance, or could reasonably be expected to do so;

  (ii)

  where the injured person has died, was regularly maintaining him or contributing to his maintenance up to the date of his death or could reasonably have been expected to do so; or

  (iii)

  where the child was unborn at the date of the death of the injured person, would have so maintained him or contributed to his maintenance.”.

(1)

1976 c. 36.

(2)

1978 c. 28.

(3)

1989 c. 41.

(4)

1984 c. 56.