Part I Prescription

Negative Prescription

C29C1†Definition of “relevant claim” for purposes of sections 6, 7 and 8.

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

F2b

by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section F846 or 122 of the Bankruptcy (Scotland) Act 2016 . . . F3 ; or

c

by a creditor to the trustee acting under a trust deed as defined in section F9228(1) of the Bankruptcy (Scotland) Act 2016;F4 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 F58 or 8A of this Act is made in an arbitration, F6the 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 “F7the date when the arbitration begins” have the same meanings as in section 4 of this Act.