- Latest available (Revised)
- Point in Time (08/08/2022)
- Original (As enacted)
Point in time view as at 08/08/2022.
Prescription and Limitation (Scotland) Act 1973, Section 18ZD is up to date with all changes known to be in force on or before 23 December 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An action under section 148 of the Building Safety Act 2022 may not be brought after the expiration of 15 years from the date on which the right of action accrued (see subsection (8) of that section).
(2)An action under section 149 of the Building Safety Act 2022 may not be brought after—
(a)if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued (see subsection (8) of that section), and
(b)if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued.
(3)In a case where—
(a)a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and
(b)the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date,
subsection (2)(a) has effect as if it referred to the expiration of that year.
(4)In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force.
(5)No other period of limitation specified by this Part of this Act applies in relation to an action referred to in subsection (1) or (2).
(6)In the computation of a period of time specified in subsection (1) or (2), there is to be disregarded any time during which the person seeking to bring the action (P)—
(a)was under a legal disability by reason of nonage or unsoundness of mind, or
(b)failed to bring the action by reason of—
(i)fraud on the part of the person against whom the action is to be brought (D) or the part of any person acting on D’s behalf, or
(ii)error induced by words or conduct of D or any person acting on D’s behalf,
(but not including, for the purposes of paragraph (b), any time occurring after P could with reasonable diligence have discovered the fraud or error mentioned in that paragraph).
(7)For the purposes of subsection (6)(b), it does not matter whether D, or the person acting on D’s behalf, intended the fraud or the words or conduct to cause P to fail to bring the action.]
Textual Amendments
F1S. 18ZD inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 151(2), 170(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: