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- Point in Time (26/07/2005)
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Version Superseded: 05/12/2005
Point in time view as at 26/07/2005.
Damages (Scotland) Act 1976 (repealed), SCHEDULE 1 is up to date with all changes known to be in force on or before 14 August 2024.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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Section 1.
1SIn 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
F1Sch. 1 para. 1(aa) inserted by Administration of Justice Act 1982 (c. 53, SIF 112:3), ss. 14(4), 73(5)
2SIn 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
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