Search Legislation

Advanced Search

Prescription and Limitation (Scotland) Act 1973

Changes to legislation:

Prescription and Limitation (Scotland) Act 1973 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

  1. Introductory Text

  2. Part I Prescription

    1. Positive prescription

      1. 1. Interests in land: general.

      2. 2. Interests in land: special cases.

      3. 3. Positive servitudes and public rights of way.

      4. 4. Judicial interruption of periods of possession for purposes of sections 1, 2 and 3.

      5. 5. Further provisions supplementary to sections 1, 2 and 3.

    2. Negative Prescription

      1. 6. Extinction of obligations by prescriptive periods of five years.

      2. 7. Extinction of obligations by prescriptive periods of twenty years.

      3. 8. Extinction of other rights relating to property by prescriptive periods of twenty years.

      4. 8A. Extinction of obligations to make contributions between wrongdoers.

      5. 9.†Definition of “relevant claim” for purposes of sections 6, 7 and 8.

      6. 10.†Relevant acknowledgment for purposes of sections 6 and 7.

      7. 11. Obligations to make reparation.

      8. 12. Savings.

      9. 13. Prohibition of contracting out.

    3. General

      1. 14. Computation of prescriptive periods.

      2. 15. Interpretation of Part I.

      3. 16. Amendments and repeals related to Part I.

  3. Part II Limitation of Actions

    1. 16A. Part II not to extend to product liability.

    2. 17. Actions in respect of personal injuries not resulting in death.

    3. 18. Actions where death has resulted from personal injuries.

    4. 18A. Limitation of defamation and other actions.

    5. 18B. Actions of harassment.

    6. 19A. Power of court to override time-limits etc.

    7. 19B. Actions for recovery of property obtained through unlawful conduct etc.

    8. 20, 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. 22. Interpretation of Part II and supplementary provisions.

  4. Part IIA Prescription of Obligations and Limitation of Actions under Part I of the Consumer Protection Act 1987

    1. Prescription of Obligations

      1. 22A. Ten years’prescription of obligations.

    2. Limitation of actions

      1. 22B. 3 year limitation of actions.

      2. 22C. Actions under the 1987 Act where death has resulted from personal injuries.

    3. Supplementary

      1. 22D. Interpretation of this Part.

      2. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part III Supplemental

    1. 23A. Private international law application.

    2. 24. The Crown.

    3. 25. Short title, commencement and extent.

  6. SCHEDULES

    1. SCHEDULE 1

      Obligations Affected by Prescriptive Periods of Five Years under Section 6

      1. 1.Subject to paragraph 2 below, section 6 of this Act...

      2. 2.Notwithstanding anything in the foregoing paragraph, section 6 of this...

      3. 3.(1) Subject to sub-paragraph (2) below, where by virtue of...

      4. 4.In this Schedule— (a) “land obligation” has the same meaning...

    2. SCHEDULE 2

      Appropriate Dates for Certain Obligations for Purposes of Section 6

      1. 1.(1) This paragraph applies to any obligation, not being part...

      2. 2.(1) This paragraph applies to any obligation to repay the...

      3. 3.(1) This paragraph applies to any obligation under a contract...

      4. 4.(1) This paragraph applies to any obligation—

    3. SCHEDULE 3

      Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1

      1. The following are imprescriptible rights and obligations for the purposes...

    4. SCHEDULE 4

      ENACTMENTS AMENDED

      1. PART I AMENDMENT TAKING EFFECT ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT

        1. The Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)

          1. In subsection (1) of section 1, as substituted for Scotland...

      2. PART II AMENDMENTS TAKING EFFECT ON PASSING OF THIS ACT

        1. . . .

        2. The Carriage by Air Act 1961 (9 & 10 Eliz. 2. c. 27)

          1. In section 11(c), for the words “section six of the...

        3. The Law Reform (Miscellaneous Provisions) Act 1971 (1971 c. 43)

          1. In section 4(2), for the words “section 6 of the...

    5. SCHEDULE 5

      REPEALS

      1. PART I REPEALS COMING INTO FORCE ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT

      2. PART II REPEALS COMING INTO FORCE ON PASSING OF THIS ACT

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: