Prescription and Limitation (Scotland) Act 1973

11 Obligations to make reparation.S

(1)Subject to subsections (2) and (3) below; any obligation (whether arising from any enactment, or from any rule of law or from, or by reason of any breach of, a contract or promise) to make reparation for loss, injury or damage caused by an [F1act 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 [F2act or omission] loss, injury or damage has occurred before the cessation of the [F2act 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 [F2act 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, [F3of 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.

[F4(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.]

(4)Subsections (1) and (2) above (with the omission of any reference therein to subsection (3) above) shall have effect for the purposes of section 7 of this Act as they have effect for the purposes of section 6 of this Act; . . . F5

Textual Amendments