Prescription and Limitation (Scotland) Act 1984 (c. 45)

SCHEDULES

Section 6(1).

SCHEDULE 1 S Minor and Consequential Amendments

The Limitation (Enemies and War Prisoners) Act 1945 (c. 16) S

1 S 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 words “sections 17 and 20(1) of the Prescription and Limitation (Scotland) Act 1973” there shall be substituted the words “ sections 8A and 17 of the Prescription and Limitation (Scotland) Act 1973 ”.

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

2 S At the end of section 7(2) there shall be added the words “ or an 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. ”

3 S In section 9—

(a) in subsection (1) for the words “and 7” in both places where they occur there shall be substituted the words “ 7 and 8A ”;

(b) in subsection (3) for the words “or 8” there shall be substituted the words “ 8 or 8A ”.

4 S In section 10, for the words “and 7” wherever they occur there shall be substituted the words “ 7 and 8A ”.

5 S In section 13, for the words “or 8” there shall be substituted the words “ 8 or 8A ”.

6 S In section 14(1)(b) for the words “section 6(4)” there shall be substituted the words “ subsection (4) of section 6 of this Act including that subsection as applied by section 8A of this Act ”.

7 S In section 15(1), in the definition of “prescriptive period” for the words “or 8” there shall be substituted the words “ 8 or 8A ”.

8 S In section 19A—

(a) in subsection (1) for the words “(as read with sections 18 and 19)” there shall be substituted the words “ or section 18 ”;

(b) after subsection (3) there shall be added the following subsection—

“(4) An action which would not be entertained but for this section shall not be tried by jury.”.

SCHEDULE 2 S Repeals

Chapter	Short Title	Extent of repeal
1973 c. 52.	The Prescription and Limitation (Scotland) Act 1973.	In section 11(4) the words from “and in the” to the end.
		Sections 20 and 21.
		In section 25, in subsection (2) the words “Subject to subsection (3) below”, and subsection (3).
		In Part II of Schedule 4, the entry relating to the Limitation (Enemies and War Prisoners) Act 1945.
1980 c. 55.	The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.	In section 23, paragraphs (b), (c) and (d).