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Official Report Meeting date: 20 September 2018

Meeting of the Parliament 20 September 2018

I had the privilege of attending the opening of the V&A last Friday. It will be transformational for Dundee.
Last updated: 11 September 2020

SPBill35S052018

.”, and the title of the section becomes “Periodical payment orders”. (2) After section 2B of the Damages Act 1996 there is inserted— “2C Secure continuity of periodical payments (1) For the purpose of section 2(1A), a court is to assume that the continuity of 35 payment under an order is reasonably secure if— (a) the right to receive the payments would be protected by— (i) a guarantee under section 6 or Schedule 1, or Damages (Investment Returns and Periodical Payments) (Scotland) Bill 3 Part 2—Periodical payments of damages (ii) a scheme under section 213 of the Financial Services and Markets Act 2000 (whether or not as modified by section 4 of this Act), or (b) the source of payment would be a recognised body or office-holder listed in subsection (6). 5 (2) In an order for periodical payments, a court may include provision— (a) specifying the method by which the payments are to be made, (b) requiring the person responsible for making the payments to take specified action to secure the continuity of payment, where the continuity of payment is not considered by the court to be reasonably 10 secure by virtue of subsection (1), (c) enabling an application to be made to the court for variation of provision included in the order under paragraph (a) or (b). (3) Despite inclusion in an order for periodical payments of provision of the kind mentioned in subsection (2)(a), the payments may be made by a different 15 method if under the different method— (a) the right to receive the payments is protected in one of the ways mentioned in subsection (1)(a), or (b) the source of payment is a recognised body or office-holder listed in subsection (6). 20 (4) The court may vary the order in respect of provision of the kind mentioned in subsection (2)(a) or (b) but only if— (a) an application is made to the court in accordance with provision included in the order under subsection (2)(c), and (b) the court is satisfied that the continuity of payment under the order 25 would still be reasonably secure (with subsection (1) to be used for this too). (5) As regards cases involving future pecuniary loss, subsection (4)(a) does not prevent variation of the order under section 2F(2)(a)(v...
Last updated: 9 December 2019

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.”, and the title of the section becomes “Periodical payment orders”. (2) After section 2B of the Damages Act 1996 there is inserted— “2C Secure continuity of periodical payments 35 (1) For the purpose of section 2(1A), a court is to assume that the continuity of payment under an order is reasonably secure if— (a) the right to receive the payments would be protected by— Damages (Investment Returns and Periodical Payments) (Scotland) Bill 3 Part 2—Periodical payments of damages (i) a guarantee under section 6 or Schedule 1, or (ii) a scheme under section 213 of the Financial Services and Markets Act 2000 (whether or not as modified by section 4 of this Act), or (b) the source of payment would be a recognised body or office-holder listed 5 in subsection (6). (2) In an order for periodical payments, a court may include provision— (a) specifying the method by which the payments are to be made, (b) requiring the person responsible for making the payments to take specified action to secure the continuity of payment, where the 10 continuity of payment is not considered by the court to be reasonably secure by virtue of subsection (1), (c) enabling an application to be made to the court for variation of provision included in the order under paragraph (a) or (b). (3) Despite inclusion in an order for periodical payments of provision of the kind 15 mentioned in subsection (2)(a), the payments may be made by a different method if under the different method— (a) the right to receive the payments is protected in one of the ways mentioned in subsection (1)(a), or (b) the source of payment is a recognised body or office-holder listed in 20 subsection (6). (4) The court may vary the order in respect of provision of the kind mentioned in subsection (2)(a) or (b) but only if— (a) an application is made to the court in accordance with provision included in the order under subsection (2)(c), and 25 (b) the court is satisfied that the continuity of payment under the order would still be reasonably secure (with subsection (1) to be used for this too). (5) As regards cases involving future pecuniary loss, subsection (4)(a) does not prevent variation of the order under section 2F(2)(a)(v...
Last updated: 21 November 2019

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.”, and the title of the section becomes “Periodical payment orders”. (2) After section 2B of the Damages Act 1996 there is inserted— Damages (Investment Returns and Periodical Payments) (Scotland) Bill 3 Part 2—Periodical payments of damages “2C Secure continuity of periodical payments (1) For the purpose of section 2(1A), a court is to assume that the continuity of payment under an order is reasonably secure if— (a) the right to receive the payments would be protected by— 5 (i) a guarantee under section 6 or Schedule 1, or (ii) a scheme under section 213 of the Financial Services and Markets Act 2000 (whether or not as modified by section 4 of this Act), or (b) the source of payment would be a recognised body or office-holder listed in subsection (6). 10 (2) In an order for periodical payments, a court may include provision— (a) specifying the method by which the payments are to be made, (b) requiring the person responsible for making the payments to take specified action to secure the continuity of payment, where the continuity of payment is not considered by the court to be reasonably 15 secure by virtue of subsection (1), (c) enabling an application to be made to the court for variation of provision included in the order under paragraph (a) or (b). (3) Despite inclusion in an order for periodical payments of provision of the kind mentioned in subsection (2)(a), the payments may be made by a different 20 method if under the different method— (a) the right to receive the payments is protected in one of the ways mentioned in subsection (1)(a), or (b) the source of payment is a recognised body or office-holder listed in subsection (6). 25 (4) The court may vary the order in respect of provision of the kind mentioned in subsection (2)(a) or (b) but only if— (a) an application is made to the court in accordance with provision included in the order under subsection (2)(c), and (b) the court is satisfied that the continuity of payment under the order is still 30 reasonably secure (with subsection (1) to be used for this too). (5) As regards cases involving future pecuniary loss, subsection (4)(a) does not prevent variation of the order under section 2F(2)(a)(v...
Date published: 4 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Republished

A human rights challenge provides further clarity to the law on assisted dying Ross v Lord Advocate (2016 CSIH 12) was a civil rather than criminal case.
Questions and Answers Date answered: 10 December 2020

S5W-33461

To ask the Scottish Government how many vacancies for (a) psychiatrists, (b) psychologists, (c) primary mental health workers and (d) psychological therapists in NHS (i) Grampian, (ii) Highland, (iii) Orkney, (iv) Shetland and (v) Eileanan Siar have remained unfilled for six months or more. a) Vacancy data is only available for consultant-grade psychiatris...
Last updated: 18 December 2024

Research report on the impact of the UKs exit from membership of the EU on law enforcement and judic

Why the UK has chosen not to waive dual criminality as a policy decision is unclear and this should be revisited with further evidence of its impact sought. 55 Case C-182/15 Petruhhin v Latvijas Republikas Ģenerālprokuratūra EU:C:2016:630.
Official Report Meeting date: 1 June 2021

Meeting of the Parliament (Hybrid) 01 June 2021

The doctrine of volenti—the square go defence—was excluded by the celebrated case of Smart v HMA 1975, meaning that, in Scotland, claiming that a victim consented to an act that resulted in their injury or death is not a defence to charges of assault to injury, culpable homicide or murder.
Last updated: 9 September 2025

Third biannual REUL Act report letter to CEEAC Convener February 2025

(iv) Notification on the Retained EU Law Replaced references to retained EU law (Revocation and Reform) Act terminology with assimilated law (Consequential Amendment) Regulations terminology in Acts of the UK Parliament. 2023 (sent 7 September 2023) Also made consequential amendments to UK Acts to reflect the repeal by the REUL The Retained EU Law (Revocation and Act of section 4 of the European Union Reform) Act 2023 (Consequential (Withdrawal) Act 2018 and the abolition the Amendment) Regulations 2023 (SI general principles of EU law. 2023/1424) (made 19 December 2023) 7 (v...
Last updated: 14 May 2025

CosteffectivenessOfPublicInquiries_SPICeBriefing

Solicitor with over 4 years’ post-qualification experience £125 v. Other solicitors and fee-earners of equivalent experience £100 vi.

Can't find what you're looking for?

If you're having trouble finding the information you want, please contact [email protected].