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Prescription and Limitation (Scotland) Act 1973

Status:

This is the original version (as it was originally enacted).

Schedules

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

1Subject to paragraph 2 below, section 6 of this Act applies—

(a)to any obligation to pay a sum of money due in respect of a particular period—

(i)by way of interest;

(ii)by way of an instalment of an annuity ;

(iii)by way of feuduty or other periodical payment under a feu grant;

(iv)by way of ground annual or other periodical payment under a contract of ground annual;

(v)by way of rent or other periodical payment under a lease ;

(vi)by way of a periodical payment in respect of the occupancy or use of land, not being an obligation falling within any other provision of this sub-paragraph;

(vii)by way of a periodical payment under a land obligation, not being an obligation falling within any other provision of this sub-paragraph ;

(b)to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense ;

(c)to any obligation arising from negotiorurn gestio;

(d)to any obligation arising from liability (whether arising from any enactment or from any rule of law) to make reparation ;

(e)to any obligation under a bill of exchange or a promissory note;

(f)to any obligation of accounting, other than accounting for trust funds ;

(g)to any obligation arising from, or by reason of any breach of, a contract or promise, not being an obligation falling within any other provision of this paragraph.

2Notwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply—

(a)to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment;

(b)to any obligation arising from the issue of a bank note;

(c)to any obligation constituted or evidenced by a probative writ, not being a cautionary obligation nor being an obligation falling within paragraph 1(a) of this Schedule ;

(d)to any obligation under a contract of partnership or of agency, not being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract;

(e)except as provided in paragraph 1(c) of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

(f)to any obligation to satisfy any claim to terce, courtesy, legitim, jus relicti or jus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the Succession (Scotland) Act 1964;

(g)to any obligation to make reparation in respect of personal injuries within the meaning of Part II of this Act or in respect of the death of any person as a result of such injuries;

(h)to any obligation specified in Schedule 3 to this Act as an imprescriptible obligation.

3(1)Subject to sub-paragraph (2) below, where by virtue of a probative writ two or more persons (in this paragraph referred to as "the co-obligants") are bound jointly and severally by an obligation to pay money to another party the obligation shall, as respects the liability of each of the co-obligants, be regarded for the purposes of sub-paragraph (c) of the last foregoing paragraph as if it were a cautionary obligation.

(2)Nothing in the foregoing sub-paragraph shall affect any such obligation as respects the liability of any of the co-obligants with respect to whom the creditor establishes—

(a)that that co-obligant is truly a principal debtor, or

(b)if that co-obligant is not truly a principal debtor, that the original creditor was not aware of that fact at the time when the writ was delivered to him.

4In this Schedule—

(a)" land obligation " has the same meaning as it has for the purposes of the Conveyancing and Feudal Reform (Scotland) Act 1970;

(b)"probative writ" means a writ which is authenticated by attestation or in any such other manner as, in relation to writs of the particular class in question, may be provided by or under any enactment as having an effect equivalent to attestation.

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

1(1)This paragraph applies to any obligation, not being part of a banking transaction, to pay money in respect of—

(a)goods supplied on sale or hire, or

(b)services rendered,

in a series of transactions between the same parties (whether under a single contract or under several contracts) and charged on continuing account.

(2)In the foregoing sub-paragraph—

(a)any reference to the supply of goods on sale includes a reference to the supply of goods under a hire-purchase agreement, a credit-sale agreement or a conditional sale agreement as defined (in each case) by section 1 of the Hire-Purchase (Scotland) Act 1965 ; and

(b)any reference to services rendered does not include the work of keeping the account in question.

(3)Where there is a series of transactions between a partnership and another party, the series shall be regarded for the purposes of this paragraph as terminated (without prejudice to any other mode of termination) if the partnership or any partner therein becomes bankrupt; but, subject to that, if the partnership (in the further provisions of this sub-paragraph referred to as "the old partnership ") is dissolved and is replaced by a single new partnership having among its partners any person who was a partner in the old partnership, then, for the purposes of this paragraph, the new partnership shall be regarded as if it were identical with the old partnership.

(4)The appropriate date in relation to an obligation to which this paragraph applies is the date on which payment for the goods last supplied, or, as the case may be, the services last rendered, became due.

2(1)This paragraph applies to any obligation to repay the whole, or any part of, a sum of money lent to, or deposited with, the debtor under a contract of loan or, as the case may be, deposit.

(2)The appropriate date in relation to an obligation to which this paragraph applies is—

(a)if the contract contains a stipulation which makes provision with respect to the date on or before which repayment of the sum or, as the case may be, the part thereof is to be made, the date on or before which, in terms of that stipulation, the sum or part thereof is to be repaid ; and

(b)if the contract contains no such stipulation, but a written demand for repayment of the sum, or, as the case may be, the part thereof, is made by or on behalf of the creditor to the debtor, the date when such demand is made or first made.

3(1)This paragraph applies to any obligation under a contract of partnership or of agency, being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract.

(2)The appropriate date in relation to an obligation to which this paragraph applies is—

(a)if the contract contains a stipulation which makes provision with respect to the date on or before which performance of the obligation is to be due, the date on or before which, in terms of that stipulation, the obligation is to be performed ; and

(b)in any other case the date when the said relationship terminated.

4(1)This paragraph applies to any obligation—

(a)to pay an instalment of a sum of money payable by instalments, or

(b)to execute any instalment of work due to be executed by instalments,

not being an obligation to which any of the foregoing paragraphs applies.

(2)The appropriate date in relation to an obligation to which this paragraph applies is the date on which the last of the instalments is due to be paid or, as the case may be, to be executed.

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

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—

(a)any real right of ownership in land ;

(b)the right in land of the lessee under a recorded lease ;

(c)any right exercisable as a res merae facultatis ;

(d)any right to recover property extra commercium ;

(e)any obligation of a trustee—

(i)to produce accounts of the trustee's intromissions with any property of the trust;

(ii)to make reparation or restitution in respect of any fraudulent breach of trust to which the trustee was a party or was privy ;

(iii)to make furthcoming to any person entitled thereto any trust property, or the proceeds of any such property, in the possession of the trustee, or to make good the value of any such property previously received by the trustee and appropriated to his own use ;

(f)any obligation of a third party to make furthcoming to any person entitled thereto any trust property received by the third party otherwise than in good faith and in his possession ;

(g)any right to recover stolen property from the person by whom it was stolen or from any person privy to the stealing thereof ;

(h)any right to be served as heir to an ancestor or to take any steps necessary for making up or completing title to any interest in land.

Schedule 4Enactments Amended

Part IAmendment taking effect on expiration of three years from passing of this Act

The Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)

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

section 6 of the Prescription and Limitation (Scotland) Act 1973.

Part IIAmendments Taking Effect on Passing of this Act

The Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)

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 section 6 of the Law Reform (Limitation of Actions, etc.) Act 1954 and section 10(1) of the Limitation Act 1963, added by section 11 of the Limitation Act 1963, there shall be substituted the words

sections 17 and 20(1) of the Prescription and Limitation (Scotland) Act 1973.

The Carriage by Air Act 1961 (9 & 10 Eliz. 2 c. 27)

In section 11(c), for the words "section six of the Law Reform (Limitation of Actions, &c.) Act 1954 " there shall be substituted the words

section 17 of the Prescription and Limitation (Scotland) Act 1973.

The Law Reform (Miscellaneous Provisions) Act 1971 (1971 c. 43)

In section 4(2), for the words " section 6 of the Law Reform (Limitation of Actions, &c.) Act 1954 " there shall be substituted the words

section 22(1) of the Prescription and Limitation (Scotland) Act 1973.

Schedule 5Repeals

Part IRepeals coming into force on expiration of three years from passing of this Act

ChapterShort TitleExtent of Repeal
1469 c. 4.The Prescription Act 1469.The whole Act.
1474 c. 9.The Prescription Act 1474.The whole Act.
1579 c. 19.The Prescription (Ejections) Act 1579.The whole Act.
1579 c. 21.The Prescription Act 1579.The whole Act.
1594 c. 24.The Prescription Act 1594.The whole Act.
1617 c. 12.The Prescription Act 1617.The whole Act.
1617 c. 13.The Reduction Act 1617.The whole Act.
1669 c. 14.The Prescription Act 1669.The whole Act.
1669 c. 15.The Interruptions Act 1669.The whole Act.
1685 c. 14.The Prescription Act 1685.The whole Act.
1695 c. 7.The Cautioners Act 1695.The whole Act.
1696 c. 9.The Prescription Act 1696.The whole Act.
1696 c. 19.The Interruptions Act 1696.The whole Act.
12 Geo. 3. c.The Bills of ExchangeSections 37, 39, 40.
72.(Scotland) Act 1772.
31 & 32 Vict. c. 64.The Land Writs Registration (Scotland) Act 1868.Section 15.
45 & 46 Vict. c. 61.The Bills of Exchange Act 1882.In section 100, the words from "this section shall not apply" to the end of the section.
14 & 15 Geo. 5. c.27.The Conveyancing (Scotland) Act 1924.Sections 16,17.
1 & 2 Geo. 6. c. 24.The Conveyancing Amendment (Scotland) Act 1938.Section 4.
1969 c. 39.The Age of Majority (Scotland) Act 1969.In Schedule 1, the entry relating to the Prescription Act 1617.
1970 c. 35.The Conveyancing and Feudal Reform (Scotland) Act 1970.Section 8.

Part IIRepeals coming into force on passing of this Act

ChapterShort TitleExtent of Repeal
2 & 3 Eliz. 2. c. 36.The Law Reform (Limitation of Actions &c.) Act 1954.Section 6.
1963 c. 47.The Limitation Act 1963.Part II.
1971 c. 43.The Law Reform (Miscellaneous Provisions) Act 1971.

Part I.

In Schedule 1, Part II. Schedule 2.

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