Damages (Investment Returns and Periodical Payments) (Scotland) Bill 11 Part 3—Ancillary and final matters (3) Regulations under subsection (1)— (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, (b) otherwise, are subject to the negative procedure. 5 8 Commencement (1) These provisions come into force on the day after Royal Assent— (a) section 7, (b) this section and section 9. (2) The other provisions of this Act come into force on such day as the Scottish Ministers 10 may by regulations appoint. (3) Regulations under subsection (2) bringing into force any provisions containing any text referring to the day on which the provisions come into force may amend the text so that the text specifies the date on which the provisions actually come into force. (4) Regulations under subsection (2) may— 15 (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 9 Short title The short title of this Act is the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019. 12 Damages (Investment Returns and Periodical Payments) (Scotland) Bill Schedule—Investments: setting rate of return SCHEDULE (introduced by section 2(1)) NVESTMENTS: SETTING RATE OF RETURN I This is Schedule B1 for insertion into the Damages Act 1996— 5 CHEDULE B1 “S (introduced by section B1(3)) ETTING THE RATE FOR SECTION B1(1): SCOTLAND S Regular review of rates of return 1 (1) The rate-assessor must review any original rate of return. 10 (2) A review under sub-paragraph (1) must be started by the rate-assessor on the appointed day. (3) For the purpose of this paragraph— (a) an original rate of return is— (i) a rate of return to which paragraph 27(1) applies, or 15 (ii) the position of there being no rate of return to which paragraph 27(1) applies, (b) the appointed day is the day on which the schedule of the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 comes into force. 20 2 (1) The rate-assessor must review every subsequent rate of return. (2) A review under sub-paragraph (1) must be started by the rate-assessor— (a) on the day after the last day of the 3-year period, or (b) earlier within the 3-year period as is required by the Scottish Ministers. (3) Where a review under sub-paragraph (1) is started earlier by virtue of sub- 25 paragraph (2)(b), it is to be treated as an extra...