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Prescription and Limitation (Scotland) Act 1984

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This is the original version (as it was originally enacted).

3Provisions supplementary to section 2

For section 22 of the principal Act there shall 'be substituted the following section—

“22Interpretation of Part II and supplementary provisions.

(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 or 18 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, as the case may be, 18 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.”.

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