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Version Superseded: 09/07/2015
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Prescription and Limitation (Scotland) Act 1973, Section 14 is up to date with all changes known to be in force on or before 11 September 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.
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(1)In the computation of a prescriptive period for the purposes of any provision of this Part of this Act—
(a)time occurring before the commencement of this Part of this Act shall be reckonable towards the prescriptive period in like manner as time occurring thereafter, but subject to the restriction that any time reckoned under this paragraph shall be less than the prescriptive period;
(b)any time during which any person against whom the provision is pled was under legal disability shall (except so far as otherwise provided by [F1subsection (4) of section 6 of this Act including that subsection as applied by section 8A of this Act] of this Act) be reckoned as if the person were free from that disability;
(c)if the commencement of the prescriptive period would, apart from this paragraph, fall at a time in any day other than the beginning of the day, the period shall be deemed to have commenced at the beginning of the next following day;
(d)if the last day of the prescriptive period would, apart from this paragraph, be a holiday, the period shall, notwithstanding anything in the said provision, be extended to include any immediately succeeding day which is a holiday, any further immediately succeeding days which are holidays, and the next succeeding day which is not a holiday;
(e)save as otherwise provided in this Part of this Act regard shall be had to the like principles as immediately before the commencement of this Part of this Act were applicable to the computation of periods of prescription for the purposes of the M1Prescription Act 1617.
[F2(1A)The prescriptive period calculated in relation to a relevant cross-border dispute for the purposes of any provision of this Part of this Act is extended where the last day of the period would, apart from this subsection, fall—
(a)in the 8 weeks after the date that a mediation in relation to the dispute ends;
(b)on the date that a mediation in relation to the dispute ends; or
(c)after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.
(1B)Where subsection (1A) applies, the prescriptive period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
(1C)For the purposes of subsections (1A) and (1B), a mediation ends on the date that any of the following occurs—
(a)all of the parties reach an agreement in resolution of the dispute;
(b)all of the parties agree to end the mediation;
(c)a party withdraws from the mediation, which is the date on which—
(i)i)a party informs all of the other parties of that party’s withdrawal,
(ii) in the case of a mediation involving 2 parties, 14 days expire after a request made by one party to the other party for confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or
(iii) in the case of a mediation involving more than 2 parties, a party informs all of the remaining parties that the party received no response in the 14 days after a request to another party for confirmation of whether the other party had withdrawn; or
(d)a period of 14 days expires after the date on which the mediator’s tenure ends (by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.]
(2)In this section[F3—
“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;]
“holiday” means a day of any of the following descriptions, namely, a Saturday, a Sunday and a day which, in Scotland, is a bank holiday under the M2Banking and Financial Dealings Act 1971;
[F4 “mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive—
which is about a right or obligation to which a prescriptive period applies by virtue of this Part of this Act; and
to which the Directive applies.]
Textual Amendments
F1Words substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 6
F2S. 14(1A)-(1C) inserted (6.4.2011) by Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234), regs. 1(1), 5(2) (with reg. 1(2)(3))
F3Words in s. 14(2) inserted (6.4.2011) by Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234), regs. 1(1), 5(3)(a) (with reg. 1(2)(3))
F4Words in s. 14(2) inserted (6.4.2011) by Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234), regs. 1(1), 5(3)(b) (with reg. 1(2)(3))
Modifications etc. (not altering text)
C1S. 14 applied (with modifications) (4.4.2003 for specified purposes, 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 18(4), 122(1), 129(2), 129(5)(d) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
Marginal Citations
M21971 c. 80(10).
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