The Railway Convention
3Fatal accidents
1
Where by virtue of the Convention any person has a right of action in respect of the death of a passenger by reason of his being a person whom the passenger was under a legal duty to maintain—
a
subject to subsection (2) below, no action in respect of the passenger's death shall be brought for the benefit of that person under the [1976 c. 30.] Fatal Accidents Act 1976 ; but
b
nothing in section 2(3) of that Act (not more than one action in respect of the same subject-matter of complaint) shall prevent an action being brought under that Act for the benefit of any other person.
2
Nothing in subsection (1)(a) above affects the right of any person to claim damages for bereavement under section 1A of the said Act of 1976.
3
Section 4 of the said Act of 1976 (exclusion of certain benefits in assessment of damages) shall apply in relation to an action brought by any person under the Convention as it applies in relation to an action under that Act.
4
Where separate proceedings are brought under the Convention and under the said Act of 1976 in respect of the death of a passenger, a court, in awarding damages under that Act, shall take into account any damages awarded in the proceedings brought under the Convention and shall have jurisdiction to make any part of its award conditional on the result of those proceedings.
5
In the application of this section to Northern Ireland references to the said Act of 1976 and to sections 1A, 2(3) and 4 of that Act shall be construed as references to the [S.I. 1977/1251 (N.I. 18).] Fatal Accidents (Northern Ireland) Order 1977 and Articles 3A, 4(3) and 6 of that Order.
6
The provisions of Schedule 1 to this Act shall, as respects Scotland, have effect in lieu of the foregoing provisions of this section.