Prescription and Limitation (Scotland) Act 1973
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Change 1
22A Ten years’prescription of obligations.
(1) An obligation arising from liability under section 2 of the 1987 Act (to make reparation for damage caused wholly or partly by a defect in a product) shall be extinguished if a period of 10 years has expired from the relevant time, unless a relevant claim was made within that period and has not been finally disposed of, and no such obligation shall come into existence after the expiration of the said period. (2) If, at the expiration of the period of 10 years mentioned in subsection (1) above, a relevant claim has been made but has not been finally disposed of, the obligation to which the claim relates shall be extinguished when the claim is finally disposed of. (3) In this section— a claim is finally disposed of when— (a) a decision disposing of the claim has been made against which no appeal is competent; (b) an appeal against such a decision is competent with leave, and the time limit for leave has expired and no application has been made or leave has been refused; (c) leave to appeal against such a decision is granted or is not required, and no appeal is made within the time limit for appeal; or (d) the claim is abandoned; “ 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— in appropriate proceedings within the meaning of section 4(2) of this Act; ... by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section 46 or 122 of the Bankruptcy (Scotland) Act 2016; ... 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 the rules made under section 411 of the Insolvency Act 1986; by the appointment, or the submission of an application for the appointment, of a receiver under section 51 of the Insolvency Act 1986; by the submission of an application for an administration order under paragraph 12 of Schedule B1 of the Insolvency Act 1986; by the appointment of an administrator under paragraph 14 of Schedule B1 of the Insolvency Act 1986; or by the submission of a claim in an administration under Part 2, or a receivership under Part 3, of the Insolvency Act 1986 in accordance with rules made under section 411 of that Act; “ relevant time ” has the meaning given in section 4(2) of the 1987 Act. (4) Where a relevant claim is made in an arbitration, the date when the arbitration begins (within the meaning of section 4(4) of this Act) shall be taken for those purposes to be the date of the making of the claim. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7A) Section 13A of this Act applies in relation to an obligation to which the prescriptive period under this section applies as it applies in relation to the obligations and rights referred to in subsection (1) of that section. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22A Ten years’prescription of obligations.
(1) An obligation arising from liability under section 2 of the 1987 Act (to make reparation for damage caused wholly or partly by a defect in a product) shall be extinguished if a period of 10 years has expired from the relevant time, unless a relevant claim was made within that period and has not been finally disposed of, and no such obligation shall come into existence after the expiration of the said period. (2) If, at the expiration of the period of 10 years mentioned in subsection (1) above, a relevant claim has been made but has not been finally disposed of, the obligation to which the claim relates shall be extinguished when the claim is finally disposed of. (3) In this section— a claim is finally disposed of when— (a) a decision disposing of the claim has been made against which no appeal is competent; (b) an appeal against such a decision is competent with leave, and the time limit for leave has expired and no application has been made or leave has been refused; (c) leave to appeal against such a decision is granted or is not required, and no appeal is made within the time limit for appeal; or (d) the claim is abandoned; “ 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— in appropriate proceedings within the meaning of section 4(2) of this Act; ... by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section 46 or 122 of the Bankruptcy (Scotland) Act 2016; ... 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 the rules made under section 411 of the Insolvency Act 1986; by the appointment, or the submission of an application for the appointment, of a receiver under section 51 of the Insolvency Act 1986; by the submission of an application for an administration order under paragraph 12 of Schedule B1 of the Insolvency Act 1986; by the appointment of an administrator under paragraph 14 of Schedule B1 of the Insolvency Act 1986; or by the submission of a claim in an administration under Part 2, or a receivership under Part 3, of the Insolvency Act 1986 in accordance with rules made under section 411 of that Act; “ relevant time ” has the meaning given in section 4(2) of the 1987 Act. (4) Where a relevant claim is made in an arbitration, the date when the arbitration begins (within the meaning of section 4(4) of this Act) shall be taken for those purposes to be the date of the making of the claim. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7A) Section 13A of this Act applies in relation to an obligation to which the prescriptive period under this section applies as it applies in relation to the obligations and rights referred to in subsection (1) of that section. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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