Prescription and Limitation (Scotland) Act 1973

• (c) the identity of the insurer of the vehicle (in the case of an action under section 2(1) of the 2018 Act) or the owner of the vehicle (in the case of an action under section 2(2) of that Act).

• (5) Expressions used in subsection (4) that are defined for the purposes of Part 1 of the 2018 Act have the same meaning in that subsection as in that Part.

• (6) In the computation of the period specified in subsection (2) above any time during which the person who sustained the injuries was under legal disability by reason of nonage or unsoundness of mind is to be disregarded.

• (7) If a person injured in the accident dies before the expiry of the period mentioned in subsection (2) above, an action may not be brought after the expiry of the period of 3 years beginning with—

• (a) the date of death of the person, or

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

• (8) Where an action has not been brought before the expiry of the period mentioned in subsection (2) above and the person subsequently dies in consequence of injuries sustained in the accident, an action may not be brought in respect of those injuries or that death.

• (9) Subsection (10) applies if a person injured in the accident dies and the person seeking to bring the action is a relative of the deceased.

• (10) In the computation of the period specified in subsection (7) any time during which the relative was under legal disability by reason of nonage or unsoundness of mind is to be disregarded.

• (11) In this section—

• “the 2018 Act” means the Automated and Electric Vehicles Act 2018;

• “relative” has the same meaning as in the Damages (Scotland) Act 2011.

18ZB

• (1) Subsection (2) applies where a person would be entitled, but for section 18ZA, to bring an action other than one in which the damages claimed are confined to damages for loss of or damage to property.

• (2) The court may, if it seems to it equitable to do so, allow the person to bring the action despite that section.

18ZC

• (1) Subsection (2) applies where, by virtue of section 5 of the Automated and Electric Vehicles Act 2018 (right of insurer etc to claim against person responsible for accident), an insurer or vehicle owner becomes entitled to bring an action against any person.

• (2) The action may not be brought after the expiry of the period of 2 years beginning with the date on which the right of action accrued (under subsection (5) of that section).

19AA

• (1) This section applies where the court is considering whether to exercise its power under section 19A to override time-limits in respect of an overseas armed forces action (see subsection (11)).

• (2) The court must exercise its power—

• (a) in accordance with subsection (3), and

• (b) subject to the rules in subsections (5) to (7).

• (3) The court must have particular regard to—

• (a) the effect of the delay in bringing the action on the cogency of evidence adduced or likely to be adduced by the parties, with particular reference to—

• (i) the likely impact of the operational context on the ability of members of Her Majesty's forces to remember relevant events or actions fully or accurately, and

• (ii) the extent of dependence on the memories of members of Her Majesty's forces, taking into account the effect of the operational context on their ability to record, or to retain records of, relevant events or actions; and

• (b) the likely impact of the action on the mental health of any witness or potential witness who is a member of Her Majesty's forces.

• (4) In subsection (3)(a) references to “the operational context” are to the fact that the events to which the action relates took place in the context of overseas operations, and include references to the exceptional demands and stresses to which members of Her Majesty's forces are subject.

• (5) The first rule referred to in subsection (2)(b) is that an overseas armed forces action for which a limitation period is specified in section 17 must be brought within the period of 6 years beginning with the section 17 relevant date.

• (6) The second rule referred to in subsection (2)(b) is that an overseas armed forces action for which a limitation period is specified in section 18(2) must be brought within the period of 6 years beginning with the section 18 relevant date.

• (7) The third rule referred to in subsection (2)(b) is that, in respect of an overseas armed forces action to which section 18 applies, the court may exercise its power to override section 18(4) only if the injured person in question died within the period of 6 years beginning with the section 17 relevant date.

• (8) In the application of the rule in subsection (5) or (7) to an action in respect of which (in accordance with section 17(3)) any time has been disregarded when computing the limitation period specified in section 17(2) for the purposes of section 17 or 18(4) (as the case may be), the reference to the period of 6 years is to be treated as a reference to the period of 6 years plus the period that was so disregarded.

• (9) In the application of the rule in subsection (6) to an action in respect of which (in accordance with section 18(3)) any time has been disregarded when computing the limitation period specified in section 18(2), the reference to the period of 6 years is to be treated as a reference to the period of 6 years plus the period that was so disregarded.

• (10) In the application of the rule in subsection (5) or (7) to an overseas armed forces action in respect of which a limitation period has been suspended in accordance with section 1(1) of the Limitation (Enemies and War Prisoners) Act 1945 (as modified by section 4 of that Act), any reference to the period of 6 years is to be treated as a reference to the period of 6 years plus—

• (a) the period during which the limitation period was suspended, and

• (b) any extra period after the suspension ended during which the action could have been brought only because of an extension provided for by section 1(1) of that Act.

• (11) In this section, an “overseas armed forces action” means an action which, or an action which includes a claim which—

• (a) is against the Ministry of Defence, the Secretary of State for Defence, or any member of Her Majesty's forces,

• (b) is brought in connection with overseas operations (see subsection (13)), and

• (c) relates to damage that occurred outside the British Islands.

• (12) In subsection (11), “damage” means—

• (a) in the case of an overseas armed forces action for which a limitation period is specified in section 17, the personal injuries to which the action relates;

• (b) in the case of an overseas armed forces action for which a limitation period is specified in section 18(2), the death to which the action relates (and where a person sustains personal injuries outside the British Islands which are a substantial cause of their later death in any of the British Islands, or vice versa, the death is for the purposes of subsection (11)(c) to be treated as occurring where the injuries were sustained).

• (13) In this section—

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act);

• “overseas operations” means any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of Her Majesty's forces come under attack or face the threat of attack or violent resistance;

• “the section 17 relevant date” means the date from which the period of 3 years starts to run in accordance with subsection (2) of section 17;

• “the section 18 relevant date” means the date from which the period of 3 years starts to run in accordance with subsection (2) of section 18.

• (14) In this section, references—

• (a) to the British Islands include the territorial sea adjacent to the United Kingdom and the territorial sea adjacent to any of the Channel Islands or the Isle of Man (and the reference to any of the British Islands is to be read accordingly);

• (b) to a member of Her Majesty's forces, in relation to an overseas armed forces action, include an individual who was a member of Her Majesty's forces at the time of the events to which the action relates.

23B

• (1) Subsection (3) applies where—

• (a) the law of a country other than Scotland relating to the extinction of an obligation or the limitation of time within which an action may be brought to enforce an obligation is to be applied by virtue of section 23A(1) in an overseas armed forces personal injuries action, and

• (b) the commencement condition applies in relation to that action,

and in this section the law mentioned in paragraph (a) that is to be applied in that action is referred to as “the relevant foreign limitation law”.

• (2) The commencement condition applies in relation to an overseas armed forces personal injuries action if the action commenced on a date which is after the end of the period of 6 years beginning with—

• (a) the date on which any limitation period specified in the relevant foreign limitation law began to run, or

• (b) where the relevant foreign limitation law has the effect that the action may be commenced within an indefinite period, the first date on which the action could have been commenced,

and in this section “limitation period” includes a prescriptive period (however expressed in the relevant foreign limitation law).

• (3) The relevant foreign limitation law is to be treated as providing the defender with a complete defence to the action so far as relating to the obligation (where that would not otherwise be the case).

• (4) An “overseas armed forces personal injuries action” means an action—

• (a) which is an overseas armed forces action as defined in section 19AA(11), and

• (b) which (under the substantive law of the other country that falls to be applied) corresponds to an action to which section 17 or 18 applies (actions in respect of personal injuries or death).

• (5) In the application of subsection (2) to an action in respect of which—

• (a) in accordance with the relevant foreign limitation law, a limitation period specified in that law has been suspended or interrupted for a period by reason of a person's lacking legal capacity or being under a disability, or

• (b) in accordance with the relevant foreign limitation law, a period during which a person lacks legal capacity or is under a disability has been disregarded in computing a limitation period specified in that law,

the reference to the period of 6 years is to be treated as a reference to the period of 6 years plus the period of suspension or interruption or (as the case may be) the period that was so disregarded.

Actions relating to construction products

18ZD

• (1) An action under section 148 of the Building Safety Act 2022 may not be brought after the expiration of 15 years from the date on which the right of action accrued (see subsection (8) of that section).

• (2) An action under section 149 of the Building Safety Act 2022 may not be brought after—

• (a) if the right of action accrued before the commencement date, the expiration of the period of 30 years from the date on which it accrued (see subsection (8) of that section), and

• (b) if the right of action accrued on or after the commencement date, the expiration of the period of 15 years beginning with the date on which it accrued.

• (3) In a case where—

• (a) a right of action under section 149 of the Building Safety Act 2022 accrued before the commencement date, and

• (b) the expiration of the period of 30 years beginning with the date on which the right of action accrued falls in the year beginning with the commencement date,

subsection (2)(a) has effect as if it referred to the expiration of that year.

• (4) In subsections (2) and (3) “the commencement date” is the day on which section 149 of the Building Safety Act 2022 came into force.

• (5) No other period of limitation specified by this Part of this Act applies in relation to an action referred to in subsection (1) or (2).

• (6) In the computation of a period of time specified in subsection (1) or (2), there is to be disregarded any time during which the person seeking to bring the action (P)—

• (a) was under a legal disability by reason of nonage or unsoundness of mind, or

• (b) failed to bring the action by reason of—

• (i) fraud on the part of the person against whom the action is to be brought (D) or the part of any person acting on D’s behalf, or

• (ii) error induced by words or conduct of D or any person acting on D’s behalf,

(but not including, for the purposes of paragraph (b), any time occurring after P could with reasonable diligence have discovered the fraud or error mentioned in that paragraph).

• (7) For the purposes of subsection (6)(b), it does not matter whether D, or the person acting on D’s behalf, intended the fraud or the words or conduct to cause P to fail to bring the action.

Ten years’prescription of obligations.

Ten years’prescription of obligations.

3 year limitation of actions.

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

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—

Actions for recovery of property obtained through unlawful conduct etc.

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

Interruption of section 18A(1) limitation period: media complaints and expert determination

19CB

• (1) In any computation of the period specified in section 18A(1), any period of mediation in relation to a relevant matter is to be disregarded.

• (2) For the purposes of this section, a period of mediation—

• (a) begins on the day on which a mediator is appointed by the parties, and

• (b) ends on such day as the parties may agree or, otherwise, on the day—

• (i) on which a party notifies another party that they are withdrawing from the mediation,

• (ii) which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the mediation (and no response has been received), or

• (iii) which falls 14 days after the day on which the mediator resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed).

• (3) In this section—

• “mediation” means a structured process, whereby two or more parties to a dispute attempt, with the assistance of a mediator, to resolve or reduce disagreement between or among them with a view to resolution of the dispute without recourse to court,

• “mediator” means an independent person who is appointed by the parties to conduct a mediation, whether or not for remuneration, in an effective, impartial, and competent way,

• “party” means a party to the mediation, and

• “relevant matter” means a matter to which a limitation period applies by virtue of section 18A(1).

19CC

• (1) In any computation of the period specified in section 18A(1), any relevant period in relation to a relevant matter is to be disregarded.

• (2) For the purposes of this section, a relevant period—

• (a) begins on the day on which the parties agree, in writing, to attempt to resolve the dispute by way of a complaints process or expert determination (“the process”), and

• (b) ends on such day as the parties may agree or, otherwise, on the day—

• (i) on which a party notifies another party that they are withdrawing from the process,

• (ii) which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the process (and no response has been received),

• (iii) which falls 14 days after the day on which any person (other than a party) who was conducting or facilitating the process resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed).

• (3) This section does not apply where the process is one to which section 19CA or 19CB applies.

• (4) In this section—

• “complaints process” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by referring the relevant matter to an independent person that handles complaints relating to the publication of material in the medium in question to make a determination on the merits of the relevant matter,

• “expert determination” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by appointing a single independent and suitable individual who holds appropriate professional qualifications and is a member of a suitable professional body to act as an expert and decide the dispute, such person to be agreed by the parties or, failing which, to be determined in a manner agreed by the parties,

• “party” means a party to the complaints process or expert determination,

• “relevant matter” means a matter to which a limitation period applies by virtue of section 18A(1).

• (5) The Scottish Ministers may by regulations amend the definitions in subsection (4).

• (6) Regulations under subsection (5) are subject to the affirmative procedure.

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

Interruption of limitation period for 1987 Act actions: arbitration

Interpretation of this Part.

Private international law application.

Actions relating to the Northern Ireland Troubles

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

23C

This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Actions relating to the Northern Ireland Troubles

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

7A

• (1) Sections 6 and 7 of this Act do not apply to an obligation if, and so far as, an enactment other than this Act makes provision to the effect that—

• (a) the obligation is imprescriptible,

• (b) the obligation is extinguished after a specified period of time, or

• (c) the making of a claim or the bringing of proceedings in respect of the obligation—

• (i) is not subject to any period of limitation, or

• (ii) may be done only within a specified period of time.

• (2) In this section—

• “enactment” means any enactment whenever passed or made,

• “specified” means specified in, or determined in accordance with, any enactment other than one contained in this Act.

†Relevant acknowledgment for purposes of sections 6 and 8A.

9A

• (1) For the purposes of sections 7, 8 and 9, a relevant claim is finally disposed of—

• (a) when a decision disposing of the claim is made, if there is no right of appeal against the decision,

• (b) if there is a right of appeal with leave or permission against such a decision—

• (i) when the time period for seeking leave or permission to appeal has expired without an application for leave or permission having been made, or

• (ii) when leave or permission to appeal is refused,

• (c) if leave or permission to appeal against such a decision has been granted or is not required, when the time period for making an appeal has expired without an appeal having been made, or

• (d) when the claim is withdrawn or abandoned.

• (2) In subsection (1)(a), the reference to a decision disposing of the claim includes a reference to a decision made in an appeal against an earlier decision.

13A

• (1) This section applies in relation to—

• (a) an obligation to which a prescriptive period under section 6, 7 or 8A applies, and

• (b) a right to which the prescriptive period under section 8 applies.

• (2) If a question arises as to whether the obligation or right has been extinguished by the expiry of the applicable prescriptive period, it is to be presumed that the obligation or right has been so extinguished unless the contrary is proved by the creditor.

Amendments and repeals related to Part I.

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

Interruption of section 18A(1) limitation period: media complaints and expert determination

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

Ten years’prescription of obligations.

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

Interpretation of this Part.

Private international law application.

Actions relating to the Northern Ireland Troubles

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—