Prescription and Limitation (Scotland) Act 1973

SCHEDULE 2 S Appropriate Dates for Certain Obligations for Purposes of Section 6

1 (1) This paragraph applies to any obligation, not being part of a banking transaction, to pay money in respect of— S

(a) goods supplied on sale or hire, or

(b) services rendered,

in a series of transactions between the same parties (whether under a single contract or under several contracts) and charged on continuing account.

(2) In the foregoing sub-paragraph—

(a) any reference to the supply of goods on sale includes a reference to the supply of goods under a hire-purchase agreement, a credit-sale agreement or a conditional sale agreement as defined (in each case) by section 1 of the M1 Hire-Purchase (Scotland) Act 1965; and

(b) any reference to services rendered does not include the work of keeping the account in question.

(3) Where there is a series of transactions between a partnership and another party, the series shall be regarded for the purposes of this paragraph as terminated (without prejudice to any other mode of termination) if the partnership or any partner therein becomes bankrupt; but, subject to that, if the partnership (in the further provisions of this sub-paragraph referred to as “the old partnership”) is dissolved and is replaced by a single new partnership having among its partners any person who was a partner in the old partnership, then, for the purposes of this paragraph, the new partnership shall be regarded as if it were identical with the old partnership.

(4) The appropriate date in relation to an obligation to which this paragraph applies is the date on which payment for the goods last supplied, or, as the case may be, the services last rendered, became due.

Modifications etc. (not altering text)

C1 Sch. 2 para. 1(2)(a): Hire-Purchase (Scotland) Act 1965 (c. 67) repealed by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192(3), Sch. 5 and Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) applies

Marginal Citations

M1 1965 c. 67.

2 (1) This paragraph applies to any obligation to repay the whole, or any part of, a sum of money lent to, or deposited with, the debtor under a contract of loan or, as the case may be, deposit. S

(2) The appropriate date in relation to an obligation to which this paragraph applies is—

(a) if the contract contains a stipulation which makes provision with respect to the date on or before which repayment of the sum or, as the case may be, the part thereof is to be made, the date on or before which, in terms of that stipulation, the sum or part thereof is to be repaid; and

(b) if the contract contains no such stipulation, but a written demand for repayment of the sum, or, as the case may be, the part thereof, is made by or on behalf of the creditor to the debtor, the date when such demand is made or first made.

3 (1) This paragraph applies to any obligation under a contract of partnership or of agency, being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract. S

(2) The appropriate date in relation to an obligation to which this paragraph applies is—

(a) if the contract contains a stipulation which makes provision with respect to the date on or before which performance of the obligation is to be due, the date on or before which, in terms of that stipulation, the obligation is to be performed; and

(b) in any other case the date when the said relationship terminated.

4 (1) This paragraph applies to any obligation— S

(a) to pay an instalment of a sum of money payable by instalments, or

(b) to execute any instalment of work due to be executed by instalments,

not being an obligation to which any of the foregoing paragraphs applies.

(2) The appropriate date in relation to an obligation to which this paragraph applies is the date on which the last of the instalments is due to be paid or, as the case may be, to be executed.