Prescription and Limitation (Scotland) Act 1973

11[F1Obligations to pay damages.]S

(1)Subject to subsections (2) and (3) below; any obligation [F2to pay damages (whatever the source of the obligation)] for loss, injury or damage caused by an [F3act or omission] shall be regarded for the purposes of section 6 of this Act as having become enforceable on the date when the loss, injury or damage occurred.

(2)Where as a result of a continuing [F4act or omission] loss, injury or damage has occurred before the cessation of the [F4act or omission] the loss, injury or damage shall be deemed for the purposes of subsection (1) above to have occurred on the date when the [F4act or omission] ceased.

(3)In relation to a case where on the date referred to in subsection (1) above (or, as the case may be, that subsection as modified by subsection (2) above) the creditor was not aware, and could not with reasonable diligence have been aware, [F5of each of the facts mentioned in subsection (3A)], the said subsection (1) shall have effect as if for the reference therein to that date there were substituted a reference to the date when the creditor first became, or could with reasonable diligence have become, so aware.

[F6(3A)The facts referred to in subsection (3) are—

(a)that loss, injury or damage has occurred,

(b)that the loss, injury or damage was caused by a person's act or omission, and

(c)the identity of that person.

(3B)It does not matter for the purposes of subsections (3) and (3A) whether the creditor is aware that the act or omission that caused the loss, injury or damage is actionable in law.]

[F7(4)For the purposes of section 7 of this Act, any obligation referred to in subsection (1) of this section is to be regarded as having become enforceable on—

(a)the date on which the act or omission occurred (or the last such date, where there was more than one act or omission), or

(b)where the act or omission was a continuing one, the date on which it ceased.]

Textual Amendments