
2024 No. 163
Damages
The Damages (Review of Rate of Return) (Scotland) Regulations 2024
Made 5th June 2024
Coming into force 1st July 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 8, 9(2)(b) and 11(1) of schedule B1 of the Damages Act 1996 and all other powers enabling them to do so.

In accordance with paragraph 31(2) of schedule B1 of the Damages Act 1996 a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1 
These Regulations may be cited as the Damages (Review of Rate of Return) (Scotland) Regulations 2024 and come into force on 1 July 2024.
Alteration of notional investment period and standard adjustments
2 

(1) Schedule B1 of the Damages Act 1996 is modified as follows.
(2) In paragraph 7(2)(b), for “30” substitute “43”.
(3) In paragraph 10(2)(a), for “0.75 of a percentage point” substitute “1.25 percentage points”.
Allowance for impact of inflation
3 

(1) Average Weekly Earnings is prescribed as the published information for use instead of the retail prices index for the purposes of paragraph 9(2) of schedule B1 of the Damages Act 1996.
(2) In paragraph (1), “Average Weekly Earnings” means the measure of short-term average earnings used to measure changes in earnings over time—
(a) published periodically by the Statistics Board under the title “Average weekly earnings in Great Britain”,
(b) based on that body’s Monthly Wages and Salaries Survey, and
(c) which relates to the whole of the economy of Great Britain.
SIOBHIAN BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
5th June 2024