Extent Information

E1 Pt. VI applies to Scotland only to the extent specified in s. 48

Part II S Damages for Personal Injuries Etc.—Scotland

Modifications etc. (not altering text)

C1 Pt. II (ss. 7–14) modified by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 6(1)(d), 41(2), 47(1)(2)

11 Maintenance at public expense to be taken into account in assessment of damages: Scotland. S

In an action for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in

[F1 (a) a hospital F2 . . . or other institution][F3 ; or

(b) accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8),]

shall be set off against any income lost by him as a result of the injuries.

Textual Amendments

F1 Words from "a hospital" to "institution" become para.(a) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 9(b); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F2 Words in s. 11 repealed (1.4.2002) by 2001asp 8, s. 79, Sch. 3 para. 9; S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F3 S. 11(b) and word preceding it inserted (1.4.2002) by 2001 asp 8 s. 79, Sch. 3 para. 9(c); S.S.I 2002/162, {art. 2(h)} (subject to arts. 3-13)