[F122 Interpretation of Part II and supplementary provisions.S
(1)In this Part of this Act—
“ the court ” means the Court of Session or the sheriff court; and
“ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition.
(2)Where the pursuer in an action to which section 17 , 18 [F2, 18A or 18ZA] of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or [F3of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A] [F4or subsection (3) or (7)(b) of the said section 18ZA] to the pursuer in the action shall be construed as a reference to the assignor of the right of action.
(3)For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant.
(4)An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.]
Textual Amendments
F1S. 22 substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 3
F2Words in s. 22(2) substituted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 6(a); S.I. 2021/396, reg. 3(c)(d)
F3Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 12(4)
F4Words in s. 22(2) inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 6(b); S.I. 2021/396, reg. 3(c)(d)