Title Conditions (Scotland) Act 2003

88 Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act S

In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c. 52) (obligations affected by prescriptive periods of five years to which section 6 of that Act applies)—

(a) after sub-paragraph (aa) of paragraph 1 there shall be inserted—

“(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);”; and

(b) in paragraph 2—

(i) in sub-paragraph (e), for the words “or (aa)” there shall be substituted “ , (aa) or (ab) ”; and

(ii) after that sub-paragraph there shall be inserted—

“(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;”.

Commencement Information

I1 S. 88 wholly in force; s. 88 in force for certain purposes at 4.4.2003, see s. 129(2)(3); s.88 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2