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SCHEDULES

SCHEDULE 1S Obligations Affected by Prescriptive Periods of Five Years under Section 6

Modifications etc. (not altering text)

C1Sch. 1 excluded (prosp.) by 2000 asp 5, ss. 57, 77(2) (with ss. 58, 62, 75)

1SSubject to paragraph 2 below, section 6 of this Act applies—

(a)to any obligation to pay a sum of money due in respect of a particular period—

(i)by way of interest;

(ii)by way of an instalment of an annuity;

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)by way of rent or other periodical payment under a lease;

(vi)by way of a periodical payment in respect of the occupancy or use of land, not being an obligation falling within any other provision of this sub-paragraph;

(vii)by way of a periodical payment under a [F2title condition], not being an obligation falling within any other provision of this sub-paragraph;

[F3(aa)to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);]

[F4(aa) to any obligation to make a compensatory payment (“ compensatory payment ” being construed in accordance with section 8(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), including that section as read with section 56 of that Act); ]

[F5(ab)to any obligation arising by virtue of a right—

(i) of reversion under the third proviso to section 2 of the School Sites Act 1841 (4 & 5 Vict. c.38) (or of reversion under that proviso as applied by virtue of any other enactment);

(ii) to petition for a declaration of forfeiture under section 7 of the Entail Sites Act 1840 (3 & 4 Vict. c.48); ]

[F6(ac)to any obligation to pay a sum of money by way of costs to which section 12 of the Tenements (Scotland) Act 2004 (asp 11) applies;]

[F7(ad) to any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 84 of the Land Registration etc. (Scotland) Act 2012 (asp 5);

(ae)to any obligation to pay compensation by virtue of section 111 of that Act;]

[F8(aca)to any obligation to make a payment under section 46, 53(2) or 54(5) of the Long Leases (Scotland) Act 2012 (asp 9),]

[F9(af) to any obligation arising by virtue of a right to redress under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277 ); ]

(b)to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense;

[F10(ba)to any obligation to make payment to the Scottish Ministers arising from section 63 of the Social Security (Scotland) Act 2018.]

(c)to any obligation arising fromnegotiorum gestio;

(d)to any obligation arising from liability (whether arising from any enactment or from any rule of law) to make reparation;

[F11(dd)to any obligation arising by virtue of section 7A(1) of the Criminal Injuries Compensation Act 1995 (recovery of compensation from offenders: general);]

(e)to any obligation under a bill of exchange or a promissory note;

(f)to any obligation of accounting, other than accounting for trust funds;

(g)to any obligation arising from, or by reason of any breach of, a contract or promise, not being an obligation falling within any other provision of this paragraph.

Textual Amendments

F2Words in Sch. 1 para. 1(a)(vii) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 5(3)(a) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F3Sch. 1 para. 1(aa) inserted (12.4.2001) by 2001 asp 5, s. 4(a) (with ss. 9, 11(2))

F5Sch. 1 para. 1(ab) inserted (4.4.2003 except for the insertion of Sch. 1 para. 1(ab)(ii), 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(a), 122(1), 129(2), 129(3) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F6Sch. 1 para. 1(ac) inserted (28.11.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 15(a), 34(2) (with s. 33); S.S.I. 2004/487, art. 2(1)(c)

F9Sch. 1 para. 1(af) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 7

2SNotwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply—

(a)to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment;

(b)to any obligation arising from the issue of a bank note;

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to any obligation under a contract of partnership or of agency, not being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract;

(e)except as provided in paragraph 1(a) [F13or (aa)][F14to (ae)] of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude)[F15and any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 77 or 94 of the Land Registration etc. (Scotland) Act 2012 (asp 5)];

[F16(ee)so as to extinguish, before the expiry of the continuous period of five years which immediately follows the coming into force of section 88 of the Title Conditions (Scotland) Act 2003 (asp 9) (prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act), an obligation mentioned in sub-paragraph (ab) of paragraph 1 of this Schedule;]

(f)to any obligation to satisfy any claim to F17... legitim,jus relictiorjus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the M1Succession (Scotland) Act 1964;

(g)to any obligation to make reparation in respect of personal injuries within the meaning of Part II of this Act or in respect of the death of any person as a result of such injuries;

[F18(ga)to any obligation to make reparation arising from liability under section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurer etc. where accident caused by automated vehicle);”.]

[F19(gb)to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022;]

[F20(gg)to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;]

[F21(ggg)to any obligation arising from liability under section 2 of the Consumer Protection Act 1987 (to make reparation for damage caused wholly or partly by a defect in a product);]

(h)to any obligation specified in Schedule 3 to this Act as an imprescriptible obligation.

Textual Amendments

F12Sch. 1 para. 2(c) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss.9(3)(5)(7), 13, 14(3))

F13Words in Sch. 1 para. 2(e) inserted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 12(b), 71, 77(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F16Sch. 1 para. 2(ee) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(b)(ii), 129(3) (with ss. 119, 121)

Marginal Citations

M11964 c. 41(116:2).

F223S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F234S In this Schedule, “ title condition ” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9). ]

Textual Amendments

F23Sch. 1 para. 4 substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 5(3)(b) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)