(1)In sections 1, 2 and 3 of this Act references to a judicial interruption, in relation to possession, are references to the making in appropriate proceedings, by any person having a proper interest to do so, of a claim which challenges the possession in question.
(2)In this section “appropriate proceedings” means—
(a)any proceedings in a court of competent jurisdiction in Scotland or elsewhere, except proceedings in the Court of Session initiated by a summons which is not subsequently called;
(b)any arbitration in Scotland [F1in respect of which an arbitrator (or panel of arbitrators) has been appointed];
(c)any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.
(3)The date of a judicial interruption shall be taken to be—
(a)where the claim has been made in an arbitration [F2, the date when the arbitration begins];
(b)in any other case, the date when the claim was made.
[F3(4)An arbitration begins for the purposes of this section—
(a)when the parties to the arbitration agree that it begins, or
(b)in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1)).]
Textual Amendments
F1Words in s. 4(2)(b) inserted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(a), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
F2Words in s. 4(3)(a) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(b), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
F3S. 4(4) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(c), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with arts. 3, 5)