Prescription and Limitation (Scotland) Act 1973

In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words

Special cases

Limitation of defamation and other actions.

Amendments and repeals related to Part I.

Interpretation of Part II and supplementary provisions.

3 year limitation of actions.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Actions where death has resulted from personal injuries.

Actions of harassment.

Actions for recovery of property obtained through unlawful conduct etc.

Actions for recovery of property for the purposes of an external order

19C

• (1) None of the time limits given in the preceding provisions of this Act applies to any proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the 2005 Order”) (civil proceedings for the realisation of property to give effect to an external order).

• (2) Proceedings under that Chapter for a recovery order in respect of any recoverable property shall not be commenced after the expiration of the period of 20 years from the date on which the Scottish Ministers' right of action accrued.

• (3) Proceedings under that Chapter are commenced when—

• (a) the proceedings are served,

• (b) an application is made for a prohibitory property order, or

• (c) an application is made for an interim administration order,

whichever is the earliest.

• (3A) If, before an event mentioned in subsection (3) occurs, an application is made for a prohibition order under Part 4B of the 2005 Order, proceedings under that Chapter are to be treated as having been commenced when that application is made.

• (4) The Scottish Ministers' right of action accrues in respect of any recoverable property—

• (a) in the case of proceedings for a recovery order in respect of property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct, when the property is so obtained,

• (b) in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained, or believed to have been obtained, as a result of or in connection with criminal conduct which it represents is so obtained.

• (5) In this section—

• (a) “criminal conduct” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002, and

• (b) expressions used in this section which are also used in Part 5 of the 2005 Order have the same meaning in this section as in that Part.

Actions where death has resulted from personal injuries.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Actions under the 1987 Act where death has resulted from personal injuries.

In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words

Short title, commencement and extent.

In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words

Obligations to make reparation.

†Relevant acknowledgment for purposes of sections 6 and 7.

Interruption of limitation period: arbitration

19CA

• (1) Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 17(2), 18(2), 18ZA(2) or (7), 18ZC(2) , 18ZD(1) or (2), 18A(1) or 18B(2) of this Act in relation to that matter.

• (2) In this section, “arbitration” means—

• (a) any arbitration in Scotland,

• (b) any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.

19D

• (1) None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc ) for an exploitation proceeds order.

• (2) Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority's right of action accrued.

• (3) Proceedings under that Part for such an order are brought when an application is made for the order.

• (4) Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

• (5) Expressions used in this section and that Part have the same meaning in this section as in that Part.

Interpretation of Part II and supplementary provisions.

Actions for exploitation proceeds orders

Interruption of limitation period for 1987 Act actions: arbitration

22CA

• (1) Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 22B(2) or 22C(2) of this Act in relation to that matter.

• (2) In this section, “ arbitration ” means—

• (a) any arbitration in Scotland,

• (b) any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.

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Short title, commencement and extent.

In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words

Limitation of defamation and other actions.

Power of court to override time-limits etc.

Actions for recovery of property obtained through unlawful conduct etc.

Interruption of limitation period: arbitration

Actions for exploitation proceeds orders

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19F

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Ten years’prescription of obligations.

Extension of limitation periods: cross-border mediation

Interruption of limitation period for 1987 Act actions: arbitration

Interpretation of this Part.

Interpretation of this Part.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

3 year limitation of actions.

Childhood abuse actions: previously accrued rights of action

22CB

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Interpretation of this Part.

The Crown.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Power of court to override time-limits etc.

Private international law application.

Short title, commencement and extent.

In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words

Power of court to override time-limits etc.

Actions for recovery of property obtained through unlawful conduct etc.

Actions for recovery of property for the purposes of an external order

19BA

• (1) None of the time limits given in the preceding provisions of this Act applies to any proceedings under Part 4B of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (giving effect to external requests by means of civil proceedings).

• (2) Proceedings under that Part for a prohibition order in respect of relevant property shall not be commenced after the expiration of the period of 20 years from the date on which the Scottish Ministers’ right of action accrued.

• (3) Proceedings under that Part are commenced when an application is made for a prohibition order.

• (4) The Scottish Ministers’ right of action accrues in respect of any relevant property when the property is obtained (or when it is believed to have been obtained) as a result of or in connection with criminal conduct.

• (5) In this section—

• (a) “criminal conduct” is to be construed in accordance with section 447(8) of the Proceeds of Crime Act 2002,

• (b) expressions used in this section and Part 4B of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 have the same meaning in this section as in that Part.

Extension of limitation periods: cross-border mediation

Interpretation of Part II and supplementary provisions.

Ten years’prescription of obligations.

Actions under the 1987 Act where death has resulted from personal injuries.

Actions of harassment.

Interpretation of this Part.

Actions for exploitation proceeds orders

Actions under the 1987 Act where death has resulted from personal injuries.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Special cases

Judicial interruption of periods of possession for purposes of sections 1, 2 and 3.

†Relevant acknowledgment for purposes of sections 6 and 7.

Interpretation of Part I.

Actions of harassment.

Actions for recovery of property obtained through unlawful conduct etc.

Actions to prohibit dealing with property subject to an external request

Actions for exploitation proceeds orders

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3 year limitation of actions.

Interruption of limitation period for 1987 Act actions: arbitration

Extension of limitation periods for 1987 Act actions: mediation

Interpretation of this Part.

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The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Interpretation of Part I.

Actions where death has resulted from personal injuries.

Power of court to override time-limits etc.

Actions to prohibit dealing with property subject to an external request

Actions for exploitation proceeds orders

Interpretation of Part I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Actions for recovery of property obtained through unlawful conduct etc.

3 year limitation of actions.

Interruption of limitation period for 1987 Act actions: arbitration

Extension of limitation periods for 1987 Act actions: mediation

Interpretation of this Part.

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The Crown.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Interpretation of Part I.

Actions for exploitation proceeds orders

Actions of harassment.

Ten years’prescription of obligations.

Actions to prohibit dealing with property subject to an external request

Actions for exploitation proceeds orders

Extension of limitation periods: cross-border mediation

Ten years’prescription of obligations.

3 year limitation of actions.

Interruption of limitation period for 1987 Act actions: arbitration

Extension of limitation periods for 1987 Act actions: mediation

Interpretation of this Part.

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The Crown.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

Actions in respect of personal injuries resulting from childhood abuse

Actions of harassment.

Interruption of limitation period for 1987 Act actions: arbitration

Actions for exploitation proceeds orders

Extension of limitation periods: cross-border mediation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ten years’prescription of obligations.

3 year limitation of actions.

Interruption of limitation period for 1987 Act actions: arbitration

Extension of limitation periods for 1987 Act actions: mediation

Interpretation of this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Crown.

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

17A

• (1) The time limit in section 17 does not apply to an action of damages if—

• (a) the damages claimed consist of damages in respect of personal injuries,

• (b) the person who sustained the injuries was a child on the date the act or omission to which the injuries were attributable occurred or, where the act or omission was a continuing one, the date the act or omission began,

• (c) the act or omission to which the injuries were attributable constitutes abuse of the person who sustained the injuries, and

• (d) the action is brought by the person who sustained the injuries.

• (2) In this section—

• “abuse” includes sexual abuse, physical abuse, emotional abuse and abuse which takes the form of neglect,

• “child” means an individual under the age of 18.

17B

Section 17A has effect as regards a right of action accruing before the commencement of section 17A.

17C

• (1) This section applies where a right of action in respect of relevant personal injuries has been disposed of in the circumstances described in subsection (2).

• (2) The circumstances are that—

• (a) prior to the commencement of section 17A, an action of damages was brought in respect of the right of action (“the initial action”), and

• (b) the initial action was disposed of by the court—

• (i) by reason of section 17, or

• (ii) in accordance with a relevant settlement.

• (3) A person may bring an action of damages in respect of the right of action despite the initial action previously having been disposed of (including by way of decree of absolvitor).

• (4) In this section—

• (a) personal injuries are “relevant personal injuries” if they were sustained in the circumstances described in paragraphs (b) and (c) of section 17A(1),

• (b) a settlement is a “relevant settlement” if—

• (i) it was agreed by the parties to the initial action,

• (ii) the pursuer entered into it under the reasonable belief that the initial action was likely to be disposed of by the court by reason of section 17, and

• (iii) any sum of money which it required the defender to pay to the pursuer, or to a person nominated by the pursuer, did not exceed the pursuer's expenses in connection with bringing and settling the initial action.

• (5) The condition in subsection (4)(b)(iii) is not met if the terms of the settlement indicate that the sum payable under it is or includes something other than reimbursement of the pursuer's expenses in connection with bringing and settling the initial action.

17D

• (1) The court may not allow an action which is brought by virtue of section 17A(1) to proceed if either of subsections (2) or (3) apply.

• (2) This subsection applies where the defender satisfies the court that it is not possible for a fair hearing to take place.

• (3) This subsection applies where—

• (a) the defender satisfies the court that, as a result of the operation of section 17B or (as the case may be) 17C, the defender would be substantially prejudiced were the action to proceed, and

• (b) having had regard to the pursuer's interest in the action proceeding, the court is satisfied that the prejudice is such that the action should not proceed.

Amendments and repeals related to Part I.

Childhood abuse actions: previously accrued rights of action

Actions for recovery of property obtained through unlawful conduct etc.

Actions for recovery of property for the purposes of an external order

Extension of limitation periods: cross-border mediation

Interruption of limitation period for 1987 Act actions: arbitration

Extension of limitation periods for 1987 Act actions: mediation

Extension of limitation periods for 1987 Act actions: mediation

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Overseas armed forces actions: restriction of foreign prescription and limitation law

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—

18ZA

• (1) This section applies to an action of damages under section 2 of the 2018 Act (liability of insurers etc where accident caused by automated vehicle).

• (2) An action may not be brought after the expiry of the period of 3 years beginning with—

• (a) the date of the accident mentioned in subsection (1) or (as the case may be) subsection (2) of that section, or

• (b) where subsection (3) applies, the date on which the person who sustained the injuries first became aware of the facts mentioned in subsection (4) (if later).

• (3) This subsection applies where the damages claimed consist of or include damages in respect of personal injuries (to the pursuer or any other person).

• (4) The facts are—

• (a) that the injury in question was significant;

• (b) that the injury was attributable in whole or in part to an accident caused by an automated vehicle when driving itself; and