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Prescription and Limitation (Scotland) Act 1973, Section 22 is up to date with all changes known to be in force on or before 04 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 this Part of this Act—
“ the court ” means the Court of Session or the sheriff court; and
“ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition.
(2)Where the pursuer in an action to which section 17 , 18 [F2, 18A or 18ZA] of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or [F3of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A] [F4or subsection (3) or (7)(b) of the said section 18ZA] to the pursuer in the action shall be construed as a reference to the assignor of the right of action.
(3)For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant.
(4)An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.]
Textual Amendments
F1S. 22 substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 3
F2Words in s. 22(2) substituted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 6(a); S.I. 2021/396, reg. 3(c)(d)
F3Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 12(4)
F4Words in s. 22(2) inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 6(b); S.I. 2021/396, reg. 3(c)(d)
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