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
This Bill was passed and is now an Act of the Scottish Parliament.
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.
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.
Damages (Investment Returns and Periodical Payments) (Scotland) Bill as Introduced (410KB, pdf) posted 11 September 2020
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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
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.
The lead committee for this Bill is the Economy, Energy and Fair Work Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 18 December 2018 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 18 December 2018
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.
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
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (204KB, pdf) posted 28 November 2019
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 22 January 2019
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.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 112 for, 0 against, 0 abstained, 17 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 19 March 2019
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.