Prescription and Limitation (Scotland) Act 1973

Part IIIS Supplemental

[F123A Private international law application.S

(1)Where the substantive law of a country other than Scotland falls to be applied by a Scottish court as the law governing an obligation, the court shall apply any relevant rules of law of that country relating to the extinction of the obligation or the limitation of time within which proceedings may be brought to enforce the obligation to the exclusion of any corresponding rule of Scots law.

(2)This section shall not apply where it appears to the court that the application of the relevant foreign rule of law would be incompatible with the principles of public policy applied by the court.

(3)This section shall not apply in any case where the application of the corresponding rule of Scots law has extinguished the obligation, or barred the bringing of proceedings prior to the coming into force of the M1Prescription and Limitation (Scotland) Act 1984.]

Textual Amendments

Marginal Citations

24 The Crown.S

This Act binds the Crown.

25 Short title, commencement and extent.S

(1)This Act may be cited as the Prescription and Limitation (Scotland) Act 1973.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 this Act shall come into operation, as follows:—

(a)Parts II and III of this Act, Part II of Schedule 4 to this Act and Part II of Schedule 5 to this Act shall come into operation on the date on which this Act is passed;

(b)except as aforesaid this Act shall come into operation on the expiration of three years from the said date.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)This Act extends to Scotland only.

Textual Amendments