Part 1: Automated vehicles: Liability of insurers etc. Chapter 1: Policy Background Section 6: Application of enactments
This Section has the purpose of preserving the various forms of liability in measures such as the Fatal Accidents Act 1976, the Damages (Scotland) Act 2011, and all the other Acts to which this Section refers, and ensuring that the new system of liability being created by this Act is joined up with them. For example, the Fatal Accidents Act 1976 provides for a victim’s dependents to be able to recover damages where the victim’s death was caused by "wrongful act, neglect or default". This form of liability from the Fatal Accidents Act 1976, by means of this Section, is being preserved and linked to the system of liability being created by this Act, such that where an accident involving an automated vehicle causes death, it will be deemed to be due to the liable person’s "wrongful act, neglect or default" within the meaning of the Fatal Accidents Act 1976, so that the provisions of that Act are brought to bear. The effect of the other provisions is being similarly linked to the relevant provisions of this Act.
	Subsection (4) clarifies that the liability being created in Section 2 is liability in tort, as opposed to liability in contract or criminal law.