Damages Act 1996

[F1 Interpretation of schedule S.

Textual Amendments

F1 Sch. B1 inserted (S.) (1.7.2019) by Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (asp 4), s. 9(2), sch.; S.S.I. 2019/197, reg. 2

32 S. In this schedule, a reference to the rate-assessor is to the official rate-assessor as mentioned in section B1(1).

33 (1) Sub-paragraphs (2) to (5) are also for construing this schedule. S.

(2) A rate of return is a rate of return for the purpose of section B1(1).

(3) A rate of return is set as a result of a review under paragraph 1(1) or 2(1) on the making in the review of a rate determination by the rate-assessor.

(4) A review of a rate of return under paragraph 1(1) or 2(1) is concluded when the rate-assessor makes a rate determination in the review.

(5) A rate determination is a determination by the rate-assessor that is to be made in a review under paragraph 1(1) or 2(1) of what the new rate of return is, either—

(a) different from the rate of return under review, or

(b) the same as the rate of return under review.]