Supplementary

I123Prescription and limitation

1

The Prescription and Limitation (Scotland) Act 1973 (c. 52) is amended as follows.

2

In section 4 (positive prescription: interruption)—

a

in subsection (2)(b), after “Scotland” insert “ in respect of which an arbitrator (or panel of arbitrators) has been appointed ”,

b

in subsection (3)(a), for the words from “and” to “served” substitute “ , the date when the arbitration begins ”,

c

for subsection (4) substitute—

4

An arbitration begins for the purposes of this section—

a

when the parties to the arbitration agree that it begins, or

b

in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1)).

3

In section 9 (negative prescription: interruption)—

a

in subsection (3), for the words from “and” to “served” substitute “ the date when the arbitration begins ”,

b

in subsection (4), for “preliminary notice” substitute “ the date when the arbitration begins ”.

4

After section 19C, insert—

19CAInterruption of limitation period: arbitration

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), 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.

5

In section 22A(4), for the words from “and” to “served” substitute “ the date when the arbitration begins (within the meaning of section 4(4) of this Act) ”.

6

After section 22C, insert—

22CAInterruption of limitation period for 1987 Act actions: arbitration

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.