Prescription and Limitation (Scotland) Act 1973 (c. 52)

SCHEDULES

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

Modifications etc. (not altering text)

C1 Sch. 1 excluded (prosp.) by 2000 asp 5, ss. 57, 77(2) (with ss. 58, 62, 75)

2 S 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;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F2 or (aa)] of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

(f) to any obligation to satisfy any claim to terce, courtesy, legitim,jus relictiorjus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the M1 Succession (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;

[F3 (gg) to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;]

[F4 (ggg) 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.

Textual Amendments

F1 Sch. 1 para. 2(c) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss.9(3)(5)(7), 13, 14(3))

F2 Words in Sch. 1 para. 2(e) inserted (12.4.2001) by 2001 asp 5, s. 4(b) (with ss. 9, 11(2))

F3 Sch. 1 para. 2(gg) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 12(5)

F4 Sch. 1 para. 2(ggg) inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 6, 41(2), 47(1)(2), Sch. 1 para. 11

Marginal Citations

M1 1964 c. 41(116:2).