Prescription and Limitation (Scotland) Act 1973

4 Judicial interruption of periods of possession for purposes of sections 1, 2 and 3. S

(1) In sections 1, 2 and 3 of this Act references to a judicial interruption, in relation to possession, are references to the making in appropriate proceedings, by any person having a proper interest to do so, of a claim which challenges the possession in question.

(2) In this section “appropriate proceedings” means—

(a) any proceedings in a court of competent jurisdiction in Scotland or elsewhere, except proceedings in the Court of Session initiated by a summons which is not subsequently called;

(b) any arbitration in Scotland [F1 in respect of which an arbitrator (or panel of arbitrators) has been appointed];

(c) any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.

(3) The date of a judicial interruption shall be taken to be—

(a) where the claim has been made in an arbitration [F2 , the date when the arbitration begins];

(b) in any other case, the date when the claim was made.

[F3 (4) An arbitration begins for the purposes of this section—

(a) when the parties to the arbitration agree that it begins, or

(b) in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1)).]

Textual Amendments

F1 Words in s. 4(2)(b) inserted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(a), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)

F2 Words in s. 4(3)(a) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(b), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)

F3 S. 4(4) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(2)(c), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with arts. 3, 5)