Part II Limitation of Actions

F122 Interpretation of Part II and supplementary provisions.

(1)

In this Part of this Act—

the court ” means the Court of Session or the sheriff court; and

personal injuries ” includes any disease and any impairment of a person’s physical or mental condition.

(2)

Where the pursuer in an action to which section 17 , 18 F2, 18A or 18ZA of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or F3of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A F4or subsection (3) or (7)(b) of the said section 18ZA to the pursuer in the action shall be construed as a reference to the assignor of the right of action.

(3)

For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant.

(4)

An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.