The Fatal Accidents Act 1976 (Remedial) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1023 |
| Year | 2020 |
2020 No. 1023
Damages, England And Wales
The Fatal Accidents Act 1976 (Remedial) Order 2020
Made 15th September 2020
Coming into force 6th October 2020
The damages that may be awarded in respect of a claim for bereavement under section 1A of the Fatal Accidents Act 19761have been declared2under section 4 of the Human Rights Act 19983to be incompatible with a Convention right4.
The time for bringing an appeal has expired and no appeal was made within that time.
The Secretary of State considers that there are compelling reasons for proceeding by way of remedial order5to make such amendments to the Fatal Accidents Act 1976 as the Secretary of State considers necessary to remove the incompatibility.
In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of that Schedule.
Accordingly, the Secretary of State makes the following Order in the exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) and (d), (2)(a) and (3) of Schedule 2 to, the Human Rights Act 1998.
Citation, commencement and extent
1.—(1) This Order may be cited as the Fatal Accidents Act 1976 (Remedial) Order 2020 and comes into force on the 21st day after the day on which it is made.
(2) The amendments made by this Order apply only to causes of action which accrue on or after the day on which this Order comes into force.
(3) Any amendment made by this Order has the same extent as the provision which it amends.
Amendments to the Fatal Accidents Act 1976
2.—(1) Section 1A of the Fatal Accidents Act 1976 is amended as follows.
(2) After subsection (2)(a) (and before the “and”) insert—
“(aa)
“(aa) of the cohabiting partner of the deceased;”.
(3) After subsection (2) insert—
“2A. In subsection (2) “cohabiting partner” means any person who—
(a) was living with the deceased in the same household immediately before the date of the death; and
(b) had been living with the deceased in the same household for at least two years before that date; and
(c) was living during the whole of that period as the wife or husband or civil partner of the deceased.”.
(4) In subsection (4)—
(a)
(a) for “this...
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