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Revised Statute from The UK Statute Law Database

Prescription and Limitation (Scotland) Act 1973 (c. 52)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Prescription and Limitation (Scotland) Act 1973

1973 CHAPTER 52

Contents

Go to Preamble

  1. Part I

    Prescription

    1. Positive prescription

      1. 1. Interests in land: general

      2. 2. Interests in land: special cases

      3. 3. Positive servitudes and public rights of way

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

      5. 5. Further provisions supplementary to sections 1, 2 and 3

    2. Negative Prescription

      1. 6. Extinction of obligations by prescriptive periods of five years

      2. 7. Extinction of obligations by prescriptive periods of twenty years

      3. 8. Extinction of other rights relating to property by prescriptive periods of twenty years

      4. 8A. Extinction of obligations to make contributions between wrongdoers

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

      6. 10.†Relevant acknowledgment for purposes of sections 6 and 7

      7. 11. Obligations to make reparation

      8. 12. Savings

      9. 13. Prohibition of contracting out

    3. General

      1. 14. Computation of prescriptive periods

      2. 15. Interpretation of Part I

      3. 16. Amendments and repeals related to Part I

  2. Part II

    Limitation of Actions

    1. 16A. Part II not to extend to product liability

    2. 17. Actions in respect of personal injuries not resulting in death

    3. 18. Actions where death has resulted from personal injuries

    4. 18A. Limitation of defamation and other actions

    5. 18B. Actions of harassment

    6. 19A. Power of court to override time-limits etc

    7. 19B. Actions for recovery of property obtained through unlawful conduct etc

    8. 20, 21... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. 22. Interpretation of Part II and supplementary provisions

  3. Part IIA

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

    1. Prescription of Obligations

      1. 22A. Ten years’prescription of obligations

    2. Limitation of actions

      1. 22B. 3 year limitation of actions

      2. 22C. Actions under the 1987 Act where death has resulted from personal injuries

    3. Supplementary

      1. 22D. Interpretation of this Part

      2. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Part III

    Supplemental

    1. 23A. Private international law application

    2. 24. The Crown

    3. 25. Short title, commencement and extent

  5. SCHEDULE 1

    Obligations Affected by Prescriptive Periods of Five Years under Section 6

  6. SCHEDULE 2

    Appropriate Dates for Certain Obligations for Purposes of Section 6

  7. SCHEDULE 3

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

  8. SCHEDULE 4

    ENACTMENTS AMENDED

  9. SCHEDULE 5

    REPEALS

An Act to replace the Prescription Acts of 1469, 1474 and 1617 and make new provision in the law of Scotland with respect to the establishment and definition by positive prescription of title to interests in land and of positive servitudes and public rights of way, and with respect to the extinction of rights and obligations by negative prescription; to repeal certain enactments relating to limitation of proof; to re-enact with modifications certain enactments relating to the time-limits for bringing legal proceedings where damages are claimed which consist of or include damages or solatium in respect of personal injuries or in respect of a person’s death and the time-limit for claiming contribution between wrongdoers; and for purposes connected with the matters aforesaid.

[25th July 1973]

Annotations:

Modifications etc. (not altering text)

C1Act amended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 39(4)(a)

Commencement Information

I1Act not in force at Royal Assent see s.25(2); Act wholly in force 25.7.1976.

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