- Latest available (Revised)
- Point in Time (31/01/2018)
- Original (As enacted)
Point in time view as at 31/01/2018.
Prescription and Limitation (Scotland) Act 1973, Section 9 is up to date with all changes known to be in force on or before 23 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In sections 6 [F17 and 8A] of this Act the expression “relevant claim”, in relation to an obligation, means a claim made by or on behalf of the creditor for implement or part-implement of the obligation, being a claim made—
(a)in appropriate proceedings, or
[F2(b) by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section [F346 or 122 of the Bankruptcy (Scotland) Act 2016] . . . F4 ; or
(c) by a creditor to the trustee acting under a trust deed as defined in section [F5228(1) of the Bankruptcy (Scotland) Act 2016];] [F6 or
(d) by the presentation of, or the concurring in, a petition for the winding up of a company or by the submission of a claim in a liquidation in accordance with rules made under section 411 of the Insolvency Act M1 1986;]
and for the purposes of the said sections 6 [F17 and 8A] the execution by or on behalf of the creditor in an obligation of any form of diligence directed to the enforcement of the obligation shall be deemed to be a relevant claim in relation to the obligation.
(2)In section 8 of this Act the expression “relevant claim”, in relation to a right, means a claim made in appropriate proceedings by or on behalf of the creditor to establish the right or to contest any claim to a right inconsistent therewith.
(3)Where a claim which, in accordance with the foregoing provisions of this section, is a relevant claim for the purposes of section 6, 7 [F78 or 8A] of this Act is made in an arbitration, [F8the date when the arbitration begins] shall be taken for those purposes to be the date of the making of the claim.
(4)In this section the expression “appropriate proceedings” and, in relation to an arbitration, the expression “[F9the date when the arbitration begins]” have the same meanings as in section 4 of this Act.
Textual Amendments
F1Words substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 3 (a)
F2S. 9 paras. (b)(c) substituted for para. (b) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66:2), s. 75(1), Sch. 7 para. 11
F3Words in s. 9(1)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 6(2)(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F4Words repealed by Prescription (Scotland) Act 1987 (c. 36, SIF 97), s. 1(2)(3)
F5Words in s. 9(1)(c) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 6(2)(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F6S. 9(1)(d) and word “or” immediately preceding it inserted by Prescription (Scotland) Act 1987 (c. 36, SIF 97), s. 1(1)(3), with effect as regards any claim (whenever submitted) in a liquidation in respect of which the winding up commenced on or after 29 December 1986
F7Words substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 3(b)
F8Words in s. 9(3) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(3)(a), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
F9Words in s. 9(4) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(3)(b), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
Modifications etc. (not altering text)
C1Unreliable margin note
C2S. 9 applied (with modifications) (4.4.2003 for specified purposes, 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 18(3), 122(1), 129(2), 129(5)(d) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
Marginal Citations
M11986 c. 45 (66).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: