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Criminal Justice (Scotland) Act 1980
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- 1980 c. 62
- Part IV
- Section 67
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Changes over time for: Section 67
Version Superseded: 01/01/1992
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/01/1992- Amendment
- Stop date 01/04/1996- Amendment
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67 Effect of compensation order on subsequent award of damages in civil proceedings. S
(1)This section shall have effect where a compensation order has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.
(2)The damages in the civil proceedings shall be assessed without regard to the order; but where the whole or part of the amount awarded by the order has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order.
(3)Where the whole or part of the amount awarded by the order remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment—
(a)if it is for an amount not exceeding the amount unpaid under the order, shall not be enforced; or
(b)if it is for an amount exceeding the amount unpaid under the order, shall not be enforced except to the extent that it exceeds the amount unpaid,
without the leave of the court.
Modifications etc. (not altering text)
C1S. 67 extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 183(5B), 384(5B) (as inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(1)(2)(a)(b))
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