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Fatal Accidents Act 1976

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Change 1

What to do with it
As published

1A Bereavement.

(1) An action under this Act may consist of or include a claim for damages for bereavement. (2) A claim for damages for bereavement shall only be for the benefit— (a) of the wife or husband or civil partner of the deceased; (aa) of the cohabiting partner of the deceased; and (b) where the deceased was a minor who was never married or a civil partner— (i) of his parents, if he was legitimate; and (ii) of his mother, if he was illegitimate. (2A) In subsection (2) “cohabiting partner” means any person who— (a) was living with the deceased in the same household immediately before the date of the death; and (b) had been living with the deceased in the same household for at least two years before that date; and (c) was living during the whole of that period as the wife or husband or civil partner of the deceased. (3) Subject to subsection (5) below, the sum to be awarded as damages under this section shall be £15,120. (4) Where there is a claim for damages under subsection (2)(a) and (aa), or under subsection (2)(b), for the benefit of more than one person, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant). (5) The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above.

Your change, as a redline

1A Bereavement.

(1) An action under this Act may consist of or include a claim for damages for bereavement. (2) A claim for damages for bereavement shall only be for the benefit— (a) of the wife or husband or civil partner of the deceased; (aa) of the cohabiting partner of the deceased; and (b) where the deceased was a minor who was never married or a civil partner— (i) of his parents, if he was legitimate; and (ii) of his mother, if he was illegitimate. (2A) In subsection (2) “cohabiting partner” means any person who— (a) was living with the deceased in the same household immediately before the date of the death; and (b) had been living with the deceased in the same household for at least two years before that date; and (c) was living during the whole of that period as the wife or husband or civil partner of the deceased. (3) Subject to subsection (5) below, the sum to be awarded as damages under this section shall be £15,120. (4) Where there is a claim for damages under subsection (2)(a) and (aa), or under subsection (2)(b), for the benefit of more than one person, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant). (5) The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above.

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