SCHEDULES

C1C2SCHEDULE 1 Obligations Affected by Prescriptive Periods of Five Years under Section 6

Annotations:
Modifications etc. (not altering text)
C1

Sch. 1 excluded (prosp.) by 2000 asp 5, ss. 57, 77(2) (with ss. 58, 62, 75)

1

Subject to paragraph 2 below, section 6 of this Act applies—

a

to any obligation to pay a sum of money due in respect of a particular period—

i

by way of interest;

ii

by way of an instalment of an annuity;

F9iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v

by way of rent or other periodical payment under a lease;

vi

by way of a periodical payment in respect of the occupancy or use of land, not being an obligation falling within any other provision of this sub-paragraph;

vii

by way of a periodical payment under a F10title condition, not being an obligation falling within any other provision of this sub-paragraph;

F11aa

to any obligation to make a compensatory payment (“ compensatory payment ” being construed in accordance with section 8(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), including that section as read with section 56 of that Act);

F1aa

to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);

b

to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense;

c

to any obligation arising fromnegotiorum gestio;

d

to any obligation arising from liability (whether arising from any enactment or from any rule of law) to make reparation;

F17dd

to any obligation arising by virtue of section 7A(1) of the Criminal Injuries Compensation Act 1995 (recovery of compensation from offenders: general);

e

to any obligation under a bill of exchange or a promissory note;

f

to any obligation of accounting, other than accounting for trust funds;

g

to any obligation arising from, or by reason of any breach of, a contract or promise, not being an obligation falling within any other provision of this paragraph.

F8ab

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);

F12ac

to any obligation to pay a sum of money by way of costs to which section 12 of the Tenements (Scotland) Act 2004 (asp 11) applies;

2

Notwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply—

a

to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment;

b

to any obligation arising from the issue of a bank note;

F2c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

to any obligation under a contract of partnership or of agency, not being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract;

e

except as provided in paragraph 1(a) F14or (aa)F6, (aa) F13, (ab) or (ac) of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

F7ee

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;

f

to any obligation to satisfy any claim to F15... legitim,jus relictiorjus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the M1Succession (Scotland) Act 1964;

g

to any obligation to make reparation in respect of personal injuries within the meaning of Part II of this Act or in respect of the death of any person as a result of such injuries;

F3gg

to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;

F4ggg

to any obligation arising from liability under section 2 of the Consumer Protection Act 1987 (to make reparation for damage caused wholly or partly by a defect in a product);

h

to any obligation specified in Schedule 3 to this Act as an imprescriptible obligation.

F53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F164

In this Schedule, “ title condition ” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).