§ 2 Clause 9, page 8, line 27, leave out from 'person' to 'a' in line 28.
§ 3 Clause 9, page 8, line 29, leave out 'his inability' and insert 'the inability of the injured person'.
§ Lord Mackay of ClashfernMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 2 and 3.
Under Section 2(1) of the Damages (Scoland) Act 1976 an injured person's right to raise and pursue an action for damages passes to the executor of his estate on the death of that injured person. Clauses 8, 9 and 12 are subject to the section and no specific provision to that effect is thought to be needed in Part II of the Bill. The existing reference to that section in Clause 9 is certainly correct, but if it remains in the Bill it might be thought that the rule did not apply to Clauses 8 and 12. That is the explanation of Amendment No. 2. Amendment No. 3 is very simple drafting amendment. I beg to move that this House doth agree with the Commons in their Amendments Nos. 2 and 3.
Moved, That this House doth agree with the Commons in their said amendments.—(Lord Mackay of Clashfern.)
§ Lord MishconMy Lords, again I am able to assist the House by saying that we concur.
§ On Question, Motion agreed to.