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Prescription and Limitation (Scotland) Act 1973
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- UK Public General Acts
- 1973 c. 52
- SCHEDULE 1
- Paragraph 2
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Changes to legislation:
Prescription and Limitation (Scotland) Act 1973, Paragraph 2 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 1 Paragraph 2:
- Sch. 1 para. 2(e) words substituted by 2012 asp 5 sch. 5 para. 18(7)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
2SNotwithstanding 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) [F2or (aa)][F3to (ae)] of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude)[F4and any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 77 or 94 of the Land Registration etc. (Scotland) Act 2012 (asp 5)];
[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 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;
[F7(ga)to any obligation to make reparation arising from liability under section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurer etc. where accident caused by automated vehicle);”.]
[F8(gb)to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022;]
[F9(gg)to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;]
[F10(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
F1Sch. 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))
F2Words 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
F3Words in Sch. 1 para. 2(e) substituted (8.12.2014) by The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014 (S.S.I. 2014/190), arts. 1(2), 2(1)
F4Words in Sch. 1 para. 2(e) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(7)(b) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F5Sch. 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)
F6Words 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 paras. 33(5)(b), Sch. 13 Pt. 1 (with ss. 34, 58, 62, 75); S.S.I. 2003/456, art. 2
F7Sch. 1 para. 2(ga) inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 7; S.I. 2021/396, reg. 3(c)(d)
F8Sch. 1 para. 2(gb) inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 151(5), 170(3)
F9Sch. 1 para. 2(gg) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 12(5)
F10Sch. 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
M11964 c. 41(116:2).
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