Prescription (Scotland) Act 2018 (asp 15)

Miscellaneous

9 Saving for other statutory provisions about prescription or limitation

(1) The 1973 Act is amended as follows.

(2) After section 7 insert—

“7A Saving for other statutory provisions about prescription or limitation

(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.”.

(3) In section 15(1) (interpretation of Part 1), in the definition of “enactment”, after “Act” insert “and includes an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament”.