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Fatal Accidents (Northern Ireland) Order 1977
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Changes over time for: Section 3A
Changes to legislation:
Fatal Accidents (Northern Ireland) Order 1977, Section 3A is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 3A:
- Instrument rev. in pt. (prosp.) by 1998 c. 17 s.51 Sch.5 Pt.II
[F1BereavementN.I.
3A.—(1) An action under this Order may consist of or include a claim for damages for bereavement.
(2) A claim for damages for bereavement shall only be for the benefit—
(a)of the wife or husband[F2 or civil partner] of the deceased; and
(b)where the deceased was a minor who was never married[F2 or a civil partner]
(i)of his parents, if he was legitimate; and
(ii)of his mother, if he was illegitimate.
(3) Subject to paragraph (5), the sum to be awarded as damages under this Article shall be [F3£17,200].
(4) Where the claim is a claim for damages under this Article for the benefit of both the parents of the deceased, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).
(5) [F4The Department of Justice may by order subject to negative resolution] amend this Article by varying the sum for the time being specified in paragraph (3).]
F3Sum in art. 3A(3) substituted (1.11.2022) by The Damages for Bereavement (Variation of Sum) Order (Northern Ireland) 2022 (S.R. 2022/243), arts. 1(1), 2 (with art. 1(2))
F4Words in art. 3A(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 112(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
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