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Prescription and Limitation (Scotland) Act 1973
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- UK Public General Acts
- 1973 c. 52
- Part II
- Section 19A
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Changes over time for: Section 19A
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Changes to legislation:
Prescription and Limitation (Scotland) Act 1973, Section 19A is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 19A:
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
[F119A Power of court to override time-limits etc. S
(1)Where a person would be entitled, but for any of the provisions of [F2section 17, 18, 18A or 18B] of this Act, to bring an action, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding that provision [F3(but see section 19AA)].
(2)The provisions of subsection (1) above shall have effect not only as regards rights of action accruing after the commencement of this section but also as regards those, in respect of which a final judgment has not been pronounced, accruing before such commencement.
(3) In subsection (2) above, the expression “ final judgment ” means an interlocutor of a court of first instance which, by itself, or taken along with previous interlocutors, disposes of the subject matter of a cause notwithstanding that judgment may not have been pronounced on every question raised or that the expenses found due may not have been modified, taxed or decerned for; but the expression does not include an interlocutor dismissing a cause by reason only of a provision mentioned in subsection (1) above. ]
[F4(4)An action which would not be entertained but for this section shall not be tried by jury.]
Textual Amendments
F1S. 19A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 23(a)
F2Words in s. 19A(1) substituted (16.7.1997) by virtue of 1997 c. 40, ss. 10(2); S.I. 1997/1418, art. 2
F3Words in s. 19A(1) inserted (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), s. 14(2), Sch. 3 para. 1(2); S.I. 2021/678, reg. 2
F4S. 19A(4) added by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 8(b)
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