5-year negative prescription

1Obligations to pay damages and delictual obligations

(1)

The Prescription and Limitation (Scotland) Act 1973 (“the 1973 Act”) is amended as follows.

(2)

In schedule 1 (obligations affected by prescriptive periods of five years under section 6), in paragraph 1, for sub-paragraph (d) substitute—

“(d)

to any obligation to pay damages (whatever the source of the obligation);

(da)

to any obligation arising from delict, not being an obligation falling within any other provision of this paragraph;”.

(3)

In section 11 (obligations to make reparation)—

(a)

in subsection (1), for the words from “(whether” to “reparation” substitute “ to pay damages (whatever the source of the obligation) ”,

(b)

the section title becomes “ Obligations to pay damages ”.