HL Deb 29 October 1998 vol 593 c2104

25 Page 6, line 32, at end insert— ("() A public authority against which damages are awarded is to be treated—

  1. (a) in Scotland, for the purposes of section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 as if the award were made in an action of damages in which the authority has been found liable in respect of loss or damage to the person to whom the award is made;
  2. (b) for the purposes of the Civil Liability (Contribution) Act 1978 as liable in respect of damage suffered by the person to whom the award is made.").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 25.

The Civil Liability (Contribution) Act 1978 provides a right to contribution where more than one person is liable in respect of the same damage. We believe that this should apply where damages are awarded against a public authority under Clause 8. Therefore, the effect of the amendment is that the terms of the 1978 Act and the relevant related provisions in Scotland apply. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 25.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.