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Prescription and Limitation (Scotland) Act 1973, Section 17D is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The court may not allow an action which is brought by virtue of section 17A(1) to proceed if either of subsections (2) or (3) apply.
(2)This subsection applies where the defender satisfies the court that it is not possible for a fair hearing to take place.
(3)This subsection applies where—
(a)the defender satisfies the court that, as a result of the operation of section 17B or (as the case may be) 17C, the defender would be substantially prejudiced were the action to proceed, and
(b)having had regard to the pursuer's interest in the action proceeding, the court is satisfied that the prejudice is such that the action should not proceed.]
Textual Amendments
F1Ss. 17A-17D inserted (4.10.2017) by Limitation (Childhood Abuse) (Scotland) Act 2017 (asp 3), ss. 1, 2(2); S.S.I. 2017/279, reg. 2
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