Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2011

Damages (Scotland) Act 2011

2.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) In rule 36.1 (application and interpretation of Part I to Chapter 36)—

(a) in paragraph (1)(a), omit “by the executor of the deceased,”;

(b) in paragraph (1)(b), omit “by any relative of the deceased,”; and

(c) in paragraph (2), omit the definition of “relative”(1).

(3) In rule 36.19 (mesothelioma actions: special provisions)(2), for “section 1(2A) and (2B) of the Damages (Scotland) Act 1976(3) (liability where the personal injury in consequence of which the deceased died is mesothelioma)” substitute “section 5 of the Damages (Scotland) Act 2011 (discharge of liability to pay damages: exception for mesothelioma)”.

(4) In relation to any action raised in respect of any death occurring before 7th July 2011, rule 36.19 shall be construed in accordance with article 4 of the Damages (Scotland) Act 2011 (Commencement, Transitional Provisions and Savings) Order 2011(4).

(1)

The definition of relative is amended by paragraph 1 of schedule 1 to the Damages (Scotland) Act 2011 (asp 7), which, by virtue of article 3 of S.S.I. 2011/268, comes into force at the same time as this instrument.

(2)

Rule 36.19 was inserted by S.S.I. 2009/285.

(3)

1976 c. 13.

(4)

S.S.I. 2011/268.