In response to question (2), the Scottish Government view is that within Scotland there is no material change to the drivers which necessitated the breach of the 21 day rule in 2001 in England and Wales, and in 2002 in Scotland, when the Scottish Ministers last set the discount rate in the Damages (Personal Injury)(Scotland) Order 2002 (S.S.I. 2002/46 ) which was laid on 7 February 2002 and came into force the next day.