PART 2Amendment of primary legislation

Amendment of the Prescription and Limitation (Scotland) Act 19732

1

The Prescription and Limitation (Scotland) Act 19732 is amended as follows.

2

In subsection (2) of section 14 (computation of prescriptive periods)—

a

omit the definition of “ADR Directive”;

b

for the definition of “ADR entity” substitute—

  • “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)3;

c

for the definition of “ADR procedure” substitute—

  • “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;

d

after the definition of “ADR procedure” insert—

  • “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

e

for the definition of “relevant consumer dispute” substitute—

  • “relevant consumer dispute” means a dispute that—

    1. a

      concerns obligations under a sales contract or a service contract, and

    2. b

      is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

    which the parties attempt to settle by recourse to a non-binding ADR procedure;;

f

after the definition of “relevant cross-border dispute” insert—

  • “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;

  • “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;

  • “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.