Damages Act 1996

JurisdictionUK Non-devolved
Citation1996 c. 48
(1) In determining the return to be expected from the investment of a sum awarded as damages for future pecuniary loss in an action for personal injury the court must, subject to and in accordance with rules of court made for the purposes of this section, take into account such rate of return (if any) as may from time to time be prescribed by an order made by the Lord Chancellor.(2) Subsection (1) does not however prevent the court taking a different rate of return into account if any party to the proceedings shows that it is more appropriate in the case in question.(3) An order under subsection (1) may prescribe different rates of return for different classes of case.the description of future pecuniary loss involved;the length of the period during which future pecuniary loss is expected to occur;the time when future pecuniary loss is expected to occur.(5) Schedule A1 (which makes provision about determining the rate of return to be prescribed by an order under subsection (1) ) has effect.(6) An order under this section is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.(1) In determining the return to be expected from the investment of a sum awarded as damages for future pecuniary loss in an action for personal injury, a court must take into account the rate of return set by the official rate-assessor.the court is to do so subject to and in accordance with rules of court (if any) made for the purpose of subsection (1) ,the court may take a different rate of return into account if a party to the action shows that the different rate is more appropriate in the circumstances of the case.(3) Schedule B1 contains provision about setting the rate of return for the purpose of subsection (1) .if no regulations under paragraph (b) are in force, the Government Actuary (but, when that office is vacant, the Deputy Government Actuary) , ora person appointed in place of the Government Actuary (including the Deputy as referred to in paragraph (a) ) by regulations made by the Scottish Ministers.(5) Regulations under subsection (4) (b) may provide for a person to deputise for the person appointed in place of the Government Actuary.as respects appointment in place of the Government Actuary, the person to be appointed,as respects deputising as mentioned in subsection (5) , the person who is to deputise as provided for.(7) Regulations under subsection (4) (b) are subject to the affirmative procedure.(1) In determining the return to be expected from the investment of a sum awarded as damages for future pecuniary loss in an action for personal injury the court must, subject to and in accordance with rules of court made for the purposes of this section, take into account the rate of return set by the official rate-assessor.(2) Subsection (1) does not however prevent the court from taking a different rate of return into account if any party to the action shows that the different rate is more appropriate in the circumstances of the case.(3) Schedule C1 (which makes provision about setting the rate of return for the purpose of subsection (1) ) has effect.if no regulations under paragraph (b) are in force, the Government Actuary (but, when that office is vacant, the Deputy Government Actuary) , ora person appointed in place of the Government Actuary (including the Deputy as referred to in paragraph (a) ) by regulations made by the Department of Justice in Northern Ireland.(5) Regulations under subsection (4) (b) may provide for a person to deputise for the person appointed in place of the Government Actuary.as respects appointment in place of the Government Actuary, the person to be appointed,as respects deputising as mentioned in subsection (5) , the person who is to deputise as provided for.(7) The power to make regulations under subsection (4) (b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.(8) Regulations under subsection (4) (b) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

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