Prescription and Limitation (Scotland) Act 1973

9†Definition of “relevant claim” for purposes of sections 6, 7 and 8.S

(1)In sections 6 [F17 and 8A] of this Act the expression “relevant claim”, in relation to an obligation, means a claim made by or on behalf of the creditor for implement or part-implement of the obligation, being a claim made—

(a)in appropriate proceedings, or

[F2(b)by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section 22 or 48 of the M1Bankruptcy (Scotland) Act 1985 . . . F3; or

(c)by a creditor to the trustee acting under a trust deed as defined in section 5(2)(c) of the M2Bankruptcy (Scotland) Act 1985;][F4or

(d)by the presentation of, or the concurring in, a petition for the winding up of a company or by the submission of a claim in a liquidation in accordance with rules made under section 411 of the Insolvency Act M31986;]

and for the purposes of the said sections 6 [F17 and 8A] the execution by or on behalf of the creditor in an obligation of any form of diligence directed to the enforcement of the obligation shall be deemed to be a relevant claim in relation to the obligation.

(2)In section 8 of this Act the expression “relevant claim”, in relation to a right, means a claim made in appropriate proceedings by or on behalf of the creditor to establish the right or to contest any claim to a right inconsistent therewith.

(3)Where a claim which, in accordance with the foregoing provisions of this section, is a relevant claim for the purposes of section 6, 7 [F58 or 8A] of this Act is 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 notice was served shall be taken for those purposes to be the date of the making of the claim.

(4)In this section the expression “appropriate proceedings” and, in relation to an arbitration, the expression “preliminary notice” have the same meanings as in section 4 of this Act.

Textual Amendments

F2S. 9 paras. (b)(c) substituted for para. (b) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66:2), s. 75(1), Sch. 7 para. 11

F4S. 9(1)(d) and word “or” immediately preceding it inserted by Prescription (Scotland) Act 1987 (c. 36, SIF 97), s. 1(1)(3), with effect as regards any claim (whenever submitted) in a liquidation in respect of which the winding up commenced on or after 29 December 1986

Modifications etc. (not altering text)

C1Unreliable margin note

C2S. 9 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(3), 122(1), 129(2), 129(5)(d) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

Marginal Citations