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Prescription and Limitation (Scotland) Act 1973, Section 16 is up to date with all changes known to be in force on or before 02 September 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The enactment specified in Part I of Schedule 4 to this Act shall have effect subject to the amendment there specified, being an amendment related to this Part of this Act.
(2)Subject to the next following subsection, the enactments specified in Part I of Schedule 5 to this Act (which includes certain enactments relating to the limitation of proof) are hereby repealed to the extent specified in column 3 of that Schedule.
(3)Where by virtue of any Act repealed by this section the subsistence of an obligation in force at the date of the commencement of this Part of this Act was immediately before that date, by reason of the passage of time, provable only by the writ or oath of the debtor the subsistence of the obligation shall (notwithstanding anything in [F1sections 16(1) and 17(2)(a) of the M1Interpretation Act 1978], which relates to the effect of repeals) as from that date be provable as if the said repealed Act had not passed.
Textual Amendments
F1Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)
Modifications etc. (not altering text)
C1The text of s. 16(1) and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M11978 c. 30(115:1).
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