The Civil Liability Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2021

JurisdictionUK Non-devolved
CitationSI 2021/195
Year2021

2021 No. 195 (C. 4)

Damages, England And Wales

Legal Services, England And Wales

The Civil Liability Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2021

Made 23th February 2021

The Secretary of State for Justice, in exercise of the powers conferred by section 14(1) and (3) of the Civil Liability Act 20181, makes the following Regulations.

S-1 Citation

Citation

1. These Regulations may be cited as the Civil Liability Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2021.

S-2 Provisions of the 2018 Act coming into force on 25th February 2021

Provisions of the 2018 Act coming into force on 25th February 2021

2. The following provisions of Civil Liability Act 2018 (“the 2018 Act”), come into force on 25th February 2021, for the purpose only of exercising any power to make regulations—

(a) section 3 (damages for whiplash injuries);

(b) section 5 (uplift in exceptional circumstances);

(c) section 6 (rules against settlement before medical report);

(d) section 8 (regulation by the Financial Conduct Authority); and

(e) section 9 (interpretation).

S-3 Provisions of the 2018 Act coming into force on 31st May 2021

Provisions of the 2018 Act coming into force on 31st May 2021

3. Part 1 (whiplash) of the 2018 Act, in so far as it is not already in force, comes into force on 31st May 2021.

S-4 Transitional Provision

Transitional Provision

4. The provisions which come into force under these Regulations apply only to causes of action which accrue on or after 31st May 2021.

David Wolfson

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

23rd February 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These commencement Regulations are the first to be made under the Civil Liability Act 2018 (c.29)(“the 2018 Act”).

Regulation 2 brings into force on 25th February 2021—

(a) section 3 (which enables the Lord Chancellor to specify in regulations, by way of a tariff, the damages that a court may award for pain, suffering and loss of amenity for whiplash injuries);

(b) section 5 (which enables the Lord Chancellor to provide in regulations for the court to award an uplift on damages specified in regulations made under section 3 in exceptional circumstances);

(c) section 6 (which bans regulated persons – as defined in section 9 of the 2018 Act – from making or accepting a payment in settlement of, or inviting, or offering to settle a road traffic accident related...

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