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Limitation (Childhood Abuse) (Scotland) Act 2017

Inserted section 17B - Childhood abuse actions: previously accrued rights of action

10.Section 17B provides that the removal of the three year limitation period by section 17A applies to rights of action that accrued before commencement of section 17A as well as those that accrue afterwards. This means that, where section 17A applies, the limitation period will no longer apply, regardless of the date on which the abuse in question occurred. However, the removal of the limitation period does not alter the effect which the law of prescription will have had on some rights of action which accrued before 26 September 1964 (see paragraphs 15 to 17 below).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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