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Damages (Investment Returns and Periodical Payments) (Scotland) Bill

This Bill aims to change the way payments are set in personal injury cases to make up for the loss of future earnings. Personal injury is a legal term for an injury to the body, mind or emotions.

This is a Government bill

The Bill became an Act on 24 April 2019

Introduced: the Bill and its documents

Overview

This Bill aims to change the way payments are set in personal injury cases to make up for the loss of future earnings. Personal injury is a legal term for an injury to the body, mind or emotions. A case can be made against someone who is legally responsible for causing personal injury.

Lump sum payments are often used as a way to settle personal injury cases. Lump sum payments tend to over or under compensate people. This is because predicting a person’s life expectancy and future needs is difficult.

Compensation in regular payments are called ‘periodical payment orders’ (PPOs). People can only get compensation as regular payments if both parties involved agree to this.

The Bill means the court must consider regular payments in every case. Where appropriate, lump sum payments could still be made.

Why the Bill was created

For people who suffer a personal injury, their compensation needs to be calculated in a fairer and more open way.

Similar changes to paying compensation are being made in England and Wales.

Accompanying Documents

Explanatory Notes (192KB, pdf) posted 17 September 2019

Policy Memorandum (380KB, pdf) posted 17 September 2019

Financial Memorandum (282KB, pdf) posted 17 September 2019

Statements on legislative competence (68KB, pdf) posted 17 September 2019 

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Damages (Investment Returns and Periodical Payments) (Scotland) Bill SPICe briefing


The Bill was introduced on 14 June 2018

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Economy, Energy and Fair Work Committee. The lead committee considers and reports on the Bill.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 18 December 2018 to consider and decide on the general principles of the Bill.

  • Motion title: Damages (Investment Returns and Periodical Payments) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill.
  • Submitted by: Ash Regan
  • Date lodged: Monday, 17 December 2018
  • Motion reference: S5M-15169
  • Current status: Taken in the Chamber on Tuesday, 18 December 2018

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 18 December 2018

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered at this meeting held on 22 January 2019:

First Marshalled List of Amendments for Stage 2 (176KB, pdf) posted 24 September 2019

First Groupings of Amendments for Stage 2 (183KB, pdf) posted 24 September 2019

Revised Documents

Revised Explanatory Notes (204KB, pdf) posted 28 November 2019

The Bill ended Stage 2 on 22 January 2019

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered at this meeting on 19 March 2019:

First Marshalled List of Amendments for Stage 3 (79KB, pdf) posted 21 November 2019 First Groupings of Amendments for Stage 3 (108KB, pdf) posted 21 November 2019

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Damages (Investment Returns and Periodical Payments) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Damages (Investment Returns and Periodical Payments) (Scotland) Bill be passed.
  • Submitted by: Ash Regan
  • Date lodged: Monday, 18 March 2019
  • Motion reference: S5M-16394
  • Current status: Taken in the Chamber on Tuesday, 19 March 2019

Result 112 for, 0 against, 0 abstained, 17 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 19 March 2019

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.