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—
- a
concerns obligations under a sales contract or a service contract, and
- 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.