Damages (Scotland) Act 1976 (repealed)

Section 1.

SCHEDULE 1 S Definition of “Relative”

1 S In this Act “relative” in relation to a deceased person includes—

(a) any person who immediately before the deceased’s death was the spouse of the deceased;

[F1 (aa) any person, not being the spouse of the deceased, who was, immediately before the deceased's death , living with the deceased as husband or wife;]

(b) any person who was a parent or child of the deceased;

(c) any person not falling within paragraph (b) above who was accepted by the deceased as a child of his family;

(d) any person who was an ascendant or descendant (other than a parent or child) of the deceased;

(e) any person who was, or was the issue of, a brother, sister, uncle or aunt of the deceased; and

(f) any person who, having been a spouse of the deceased, had ceased to be so by virtue of a divorce;

but does not include any other person.

Textual Amendments

F1 Sch. 1 para. 1(aa) inserted by Administration of Justice Act 1982 (c. 53, SIF 112:3), ss. 14(4), 73(5)

2 S In deducing any relationship for the purposes of the foregoing paragraph—

(a) any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and

[F2 (b) section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply; and any reference (however expressed) in this Act to a relative shall be construed accordingly.]

Textual Amendments

F2 Sch. 1 para. 2(b) substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 15