Prescription and Limitation (Scotland) Act 1973

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)][F3 , (aa) [F4 , (ab) or (ac) ]] of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

[F5 (ee) 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 F6 ... 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;

[F7 (gg) to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;]

[F8 (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F1 Sch. 1 para. 2(c) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss.9(3)(5)(7), 13, 14(3))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 (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 12(b), 71, 77(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F3 Words in Sch. 1 para. 2(e) substituted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(b)(i), 129(3) (with ss. 119, 121)

F4 Words in Sch. 1 para. 2(e) substituted (28.11.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 15(b), 34(2) (with s. 33); S.S.I. 2004/487, art. 2(1)(c)

F5 Sch. 1 para. 2(ee) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(b)(ii), 129(3) (with ss. 119, 121)

F6 Words in Sch. 1 para. 2(f) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 33(5)(b), Sch. 13 Pt. 1 (with ss. 34, 58, 62, 75); S.S.I. 2003/456, art. 2

F7 Sch. 1 para. 2(gg) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 12(5)

F8 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).