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You are here: BAILII >> Databases >> Scottish Law Commission >> Scottish Law Commission (Reports) >> Report on Damages for Personal Injury (Report No. 266) URL: http://www.bailii.org/scot/other/SLC/Report/2024/SLC266.image20.html |
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(1) Section 13(1) of the Administration of Justice Act 1982 is amended as follows.
(2) In the definition of “relative”—
(a) in the opening words, after “means” insert “a person who”,
(b) in paragraph (a)—
(i) at beginning, insert “is”,
(ii) after second “spouse” insert “of the injured person”,
(c) in paragraph (aa)—
(i) at beginning, insert “is”,
(ii) after second “partner” insert “of the injured person”,
(d) for paragraphs (b) to (e) substitute—
“(b) not being the spouse or civil partner of the injured person, is living or has lived with the injured person as if married to the injured person,
(bb) is a parent or child of the injured person, accepts the injured person as a child of the person’s family or is accepted by the injured person as a child of the injured person’s family,
(bc) is the sibling of the injured person or has been brought up in the same household as the injured person and accepted as a child of the family in which the injured person was a child,
(bd) is a grandparent or grandchild of the injured person, accepts the injured person as a grandchild of the person or is accepted by the injured person as a grandchild of the injured person,
(c) is an ascendant or descendant of the injured person (other than a parent or grandparent or a child or grandchild of the injured person),
(ca) is a sibling of a parent of the injured person,
(cb) is a child or other issue of—
(i) a sibling of the injured person, or
(ii) a sibling of a parent of the injured person,”.
NOTE
Section 5 implements recommendations 1 and 2, and up-dates the definition of “relative” in section 13(1) of the Administration of Justice Act 1982 to reflect today’s society.
Subsection (2)(d) substitutes new paragraphs (b) to (cb) for existing paragraphs (b) to (e).
New paragraph (b) of section 13(1) provides that an ex-cohabitant of the injured person is a “relative” for the purposes of the 1982 Act.
New paragraphs (bb) to (bd) provide that a person accepted as the parent, sibling, grandchild or grandparent of the injured person is a “relative” for the purposes of the 1982 Act. The provisions introduce an expanded definition of “relative” that is not restricted to traditional family structures, for the reasons discussed in paragraphs 2.14 to 2.21 of the Report (for example, many modern family units are connected by family bond rather than by blood relation).
New paragraphs (c) to (cb) bring the definition of “relative” in line with section 14 of the Damages (Scotland) Act 2011, thereby ensuring consistency in the legislation on personal injury.
Amendments of Children (Scotland) Act 1995