Prescription and Limitation (Scotland) Act 1973

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

Modifications etc. (not altering text)

1SSubject 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;

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F2title condition], not being an obligation falling within any other provision of this sub-paragraph;

F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(ab)to any obligation arising by virtue of a right—

(i) of reversion under the third proviso to section 2 of the School Sites Act 1841 (4 & 5 Vict. c.38) (or of reversion under that proviso as applied by virtue of any other enactment);

(ii) to petition for a declaration of forfeiture under section 7 of the Entail Sites Act 1840 (3 & 4 Vict. c.48); ]

[F5(ac)to any obligation to pay a sum of money by way of costs to which section 12 of the Tenements (Scotland) Act 2004 (asp 11) applies;]

F6(aca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(ad). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(ae). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(af)to any obligation arising by virtue of rights of redress under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024;]

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

F8(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to any obligation arising fromnegotiorum gestio;

[F9(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;]

F10(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

[F11(fa)to any obligation relating to the validity of a contract, not being an obligation falling within any other provision of this paragraph;

(fb)to any obligation to reimburse expenditure incurred in reliance on a representation about the existence of a contract;]

(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.

[F12(h)to any obligation to make a payment arising under an enactment (whenever passed or made), not being an obligation falling within any other provision of this paragraph.]

Textual Amendments

F2Words in Sch. 1 para. 1(a)(vii) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 5(3)(a) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F4Sch. 1 para. 1(ab) inserted (4.4.2003 except for the insertion of Sch. 1 para. 1(ab)(ii), 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(a), 122(1), 129(2), 129(3) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F5Sch. 1 para. 1(ac) inserted (28.11.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 15(a), 34(2) (with s. 33); S.S.I. 2004/487, art. 2(1)(c)

2SNotwithstanding 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;

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

[F14(e)except as provided in paragraph 1(a), (ab), (ac) and (h) of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude);

(ea)to any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 77 or 94 of the Land Registration etc. (Scotland) Act 2012;]

[F15(ee)so as to extinguish, before the expiry of the continuous period of five years which immediately follows the coming into force of section 88 of the Title Conditions (Scotland) Act 2003 (asp 9) (prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act), an obligation mentioned in sub-paragraph (ab) of paragraph 1 of this Schedule;]

(f)to any obligation to satisfy any claim to F16... legitim,jus relictiorjus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the M1Succession (Scotland) Act 1964;

[F17(fa)to any obligation to pay taxes or duties that are recoverable by the Crown, or to pay any penalty, interest or other sum that is recoverable as if it were an amount of such taxes or duties;

(fb)to any obligation to pay a sum recoverable under—

(i)Part 3 (overpayments and adjustments of benefit) of the Social Security Administration Act 1992 [F18, including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025];

(ii)section 127(c) (recovery of income support in certain circumstances) of the Social Security Contributions and Benefits Act 1992; or

(iii)Part 1 (tax credits) of the Tax Credits Act 2002;

(fc)to any obligation to pay child support maintenance under the Child Support Act 1991;

(fd)to any obligation to pay—

(i)council tax under Part 2 of the Local Government Finance Act 1992;

(ii)non-domestic rates levied under section 7B(2) of the Local Government (Scotland) Act 1975; or

(iii)any surcharge, fees, expenses or other sum recoverable in connection with the enforcement of an obligation to pay such council tax or rates;]

(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;

[F19(ga)to any obligation to make reparation arising from liability under section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurer etc. where accident caused by automated vehicle);”.]

[F20(gb)to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022;]

[F21(gg)to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act;]

[F22(ggg)to any obligation arising from liability under section 2 of the Consumer Protection Act 1987 (to make reparation for damage caused wholly or partly by a defect in a product);]

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

Textual Amendments

F13Sch. 1 para. 2(c) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss.9(3)(5)(7), 13, 14(3))

F15Sch. 1 para. 2(ee) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(b)(ii), 129(3) (with ss. 119, 121)

Marginal Citations

M11964 c. 41(116:2).

F233S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F244S In this Schedule, “ title condition ” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9). ]

Textual Amendments

F24Sch. 1 para. 4 substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 5(3)(b) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)