PART IPrescription
Positive prescription
4Judicial interruption of periods of possession for purposes of sections 1, 2 and 3
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 ;
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 and the nature of the claim has been stated in a preliminary notice relating to that arbitration, the date when the preliminary notice was served;
b
in any other case, the date when the claim was made.
4
In the foregoing subsection " preliminary notice " in relation to an arbitration means a notice served by one party to the arbitration on the other party or parties requiring him or them to appoint an arbiter or to agree to the appointment of an arbiter, or, where the arbitration agreement or any relevant enactment provides that the reference shall be to a person therein named or designated, a notice requiring him or them to submit the dispute to the person so named or designated.