Prescription and Limitation (Scotland) Act 1973

Cited authorities (43)

Cited in

Amendments (305)

Jurisdiction	UK Non-devolved
Citation	1973 c. 52
Year	1973

that land; or land of a description habile to include that land; or that land; orland of a description habile to include that land, possession was founded on the recording of a deed which is invalid ex facie or was forged; or possession was founded on registration in the Land Register of Scotland proceeding on a forged deed and the person appearing from the Register to have the real right in question was aware of the forgery at the time of registration in his favour.(3) In subsection (1) above, the reference to a real right is to a real right which is registrable in the Land Register of Scotland or a deed relating to which can competently be recorded; but this section does not apply to ^F41real burdens,servitudes or public rights of way.(4) In the computation of a prescriptive period for the purposes of this section in a case where the deed in question is a decree of adjudication for debt, any period before the expiry of the legal shall be disregarded.(5) Where, in any question involving any foreshore or any salmon fishings, this section is pled against the Crown as owner of the regalia, subsection (1) above shall have effect as if for the words “ten years” there were substituted “twenty years”.(6) This section is without prejudice to section 2 of this Act.

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Contenidos

Prescription and Limitation (Scotland) Act 1973
Part I: Prescription

Positive prescription

1: Validity of right
2: Special cases
3: Positive servitudes and public rights of way.
4: Judicial interruption of periods of possession for purposes of sections 1, 2 and 3.
5: Further provisions supplementary to sections 1, 2 and 3.

Negative Prescription

6: Extinction of obligations by prescriptive periods of five years.
7: Extinction of obligations by prescriptive periods of twenty years.
8: Extinction of other rights relating to property by prescriptive periods of twenty years.
8A: Extinction of obligations to make contributions between wrongdoers.
9: †Definition of “relevant claim” for purposes of sections 6, 7 and 8.
10: †Relevant acknowledgment for purposes of sections 6 and 7.
11: Obligations to make reparation.
12: Savings.
13: Restrictions on contracting out

General

14: Computation of prescriptive periods.
15: Interpretation of Part I.
16: Amendments and repeals related to Part I.

Part II: Limitation of Actions

16A: Part II not to extend to product liability.
17: Actions in respect of personal injuries not resulting in death.

17A: Actions in respect of personal injuries resulting from childhood abuse

17B: Childhood abuse actions: previously accrued rights of action
17C: Childhood abuse actions: previously litigated rights of action

17D: Childhood abuse actions: circumstances in which an action may not proceed

18: Actions where death has resulted from personal injuries.

18ZA: Actions under section 2 of the Automated and Electric Vehicles Act 2018

18ZB: Section 18ZA: extension of limitation periods

18ZC: Actions under section 5 of the Automated and Electric Vehicles Act 2018

18ZD: Actions relating to construction products

18A: Limitation of defamation and other actions.

18B: Actions of harassment.

19A: Power of court to override time-limits etc.

19AA: Restriction of court's power to override time-limits: overseas armed forces actions

19B: Actions for recovery of property obtained through unlawful conduct etc.

19BA: Actions to prohibit dealing with property subject to an external request

19C: Actions for recovery of property for the purposes of an external order

19CA: Interruption of limitation period: arbitration

19CB: Interruption of section 18A(1) limitation period: mediation

19CC: Interruption of section 18A(1) limitation period: media complaints and expert determination

19D: Actions for exploitation proceeds orders

19F: Extension of limitation periods: cross-border mediation
20: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22: Interpretation of Part II and supplementary provisions.

Part IIA: Prescription of Obligations and Limitation of Actions under Part I of the Consumer Protection Act 1987

Prescription of Obligations

22A: Ten years’prescription of obligations.

Limitation of actions

22B: 3 year limitation of actions.
22C: Actions under the 1987 Act where death has resulted from personal injuries.
22CA: Interruption of limitation period for 1987 Act actions: arbitration
22CB: Extension of limitation periods for 1987 Act actions: mediation

Supplementary

22D: Interpretation of this Part.
23: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III: Supplemental

23A: Private international law application.

23B: Overseas armed forces actions: restriction of foreign prescription and limitation law

24: The Crown.
25: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
Obligations Affected by Prescriptive Periods of Five Years under Section 6

SCHEDULE 2
Appropriate Dates for Certain Obligations for Purposes of Section 6

SCHEDULE 3
Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1

SCHEDULE 4 Sections 16, 23.
ENACTMENTS AMENDED

PART I: AMENDMENT TAKING EFFECT ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT
PART II: AMENDMENTS TAKING EFFECT ON PASSING OF THIS ACT: . . .

SCHEDULE 5 Sections 16, 23.
REPEALS

PART I: REPEALS COMING INTO FORCE ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT
PART II: REPEALS COMING INTO FORCE ON PASSING OF THIS ACT

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Prescription and Limitation (Scotland) Act 1973

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