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Where subsection (1D) applies, the prescriptive period is extended so that it expires on the date falling 8 weeks after the date on which the non-binding ADR procedure ends.

For the purposes of subsections (1D)(a) and (1E), a non-binding ADR procedure starts in relation to a relevant dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints.

In this section—

• F12...

• F13“ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542);

• F8...

• F14“ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;

• F15“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

• F18...

• “holiday” means a day of any of the following descriptions, namely, a Saturday, a Sunday and a day which, in Scotland, is a bank holiday under the M2Banking and Financial Dealings Act 1971;

• F19...

• F7 “non-binding ADR procedure” means an ADR procedure the outcome of which is not binding on the parties;

• “qualifying request” is a request by a party that another (A) confirm to all parties that A is continuing with the non-binding ADR procedure;

• F16“relevant consumer dispute” means a dispute that—

  1. a

     concerns obligations under a sales contract or a service contract, and

  2. b

     is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

  which the parties attempt to settle by recourse to a non-binding ADR procedure;;

• F20...

• F17“sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

• “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

• “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, namely—

• “bill of exchange” has the same meaning as it has for the purposes of the M3Bills of Exchange Act 1882;

• “date of execution”, in relation to a deed executed on several dates, means the last of those dates;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• “holiday” has the meaning assigned to it by section 14 of this Act;

• F4...

• “land” includes heritable property of any description;

• “lease” includes a sub-lease;

• “legal disability” means legal disability by reason of nonage or unsoundness of mind;

• “possession” includes civil possession, and “possessed” shall be construed accordingly;

• “prescriptive period” means a period required for the operation of section 1, 2, 3, 6, 7 F28 or 8A of this Act;

• “promissory note” has the same meaning as it has for the purposes of the Bills of Exchange Act 1882;

• “trustee” includes any person holding property in a fiduciary capacity for another and, without prejudice to that generality, includes a trustee within the meaning of the M4Trusts (Scotland) Act 1921; and “trust” shall be construed accordingly;

and references to the recording of a deed are references to the recording thereof in the General Register of SasinesF5and to the registering of a deed are to the registering thereof in the Land Register of Scotland.

In this Part of this Act, unless the context otherwise requires, any reference to an obligation or to a right includes a reference to the right or, as the case may be, to the obligation (if any), correlative thereto.

In this Part of this Act any reference to an enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended, and as including a reference thereto as applied, by or under any other enactment.

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.

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.

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 F3sections 16(1) and 17(2)(a) of the M5Interpretation Act 1978, which relates to the effect of repeals) as from that date be provable as if the said repealed Act had not passed.