Law

Prescription and Limitation (Scotland) Act 1973

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 63 provisions
  1. Title and introductory text
  2. 1 Validity of right
  3. 2 Special cases
  4. 3 Positive servitudes and public rights of way.
  5. 4 Judicial interruption of periods of possession for purposes of sections 1, 2 and 3.
  6. 5 Further provisions supplementary to sections 1, 2 and 3.
  7. 6 Extinction of obligations by prescriptive periods of five years.
  8. 7 Extinction of obligations by prescriptive periods of twenty years.
  9. 7A Saving for other statutory provisions about prescription or limitation
  10. 8 Extinction of other rights relating to property by prescriptive periods of twenty years.
  11. 8A Extinction of obligations to make contributions between wrongdoers.
  12. 9 †Definition of “relevant claim” for purposes of sections 6, 7 , 8 and 8A.
  13. 9A Definition of “final disposal” of relevant claim for purposes of sections 7, 8 and 9
  14. 10 †Relevant acknowledgment for purposes of sections 6 and 8A.
  15. 11 Obligations to pay damages.
  16. 12 Savings.
  17. 13 Restrictions on contracting out
  18. 13A Burden of proof
  19. 14 Computation of prescriptive periods.
  20. 15 Interpretation of Part I.
  21. 16 Amendments and repeals related to Part I.
  22. 16A Part II not to extend to product liability.
  23. 17 Actions in respect of personal injuries not resulting in death.
  24. 17A Actions in respect of personal injuries resulting from childhood abuse
  25. 17B Childhood abuse actions: previously accrued rights of action
  26. 17C Childhood abuse actions: previously litigated rights of action
  27. 17D Childhood abuse actions: circumstances in which an action may not proceed
  28. 18 Actions where death has resulted from personal injuries.
  29. 18ZA Actions under section 2 of the Automated and Electric Vehicles Act 2018
  30. 18ZB Section 18ZA: extension of limitation periods
  31. 18ZC Actions under section 5 of the Automated and Electric Vehicles Act 2018
  32. 18ZD Actions relating to construction products
  33. 18A Limitation of defamation and other actions.
  34. 18B Actions of harassment.
  35. 19A Power of court to override time-limits etc.
  36. 19AA Restriction of court's power to override time-limits: overseas armed forces actions
  37. 19B Actions for recovery of property obtained through unlawful conduct etc.
  38. 19BA Actions to prohibit dealing with property subject to an external request
  39. 19C Actions for recovery of property for the purposes of an external order
  40. 19CA Interruption of limitation period: arbitration
  41. 19CB Interruption of section 18A(1) limitation period: mediation
  42. 19CC Interruption of section 18A(1) limitation period: media complaints and expert determination
  43. 19D Actions for exploitation proceeds orders
  44. 19F Extension of limitation periods: cross-border mediation
  45. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 22 Interpretation of Part II and supplementary provisions.
  47. 22A Ten years’prescription of obligations.
  48. 22B 3 year limitation of actions.
  49. 22C Actions under the 1987 Act where death has resulted from personal injuries.
  50. 22CA Interruption of limitation period for 1987 Act actions: arbitration
  51. 22CB Extension of limitation periods for 1987 Act actions: mediation
  52. 22D Interpretation of this Part.
  53. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  54. 23A Private international law application.
  55. 23B Overseas armed forces actions: restriction of foreign prescription and limitation law
  56. 23C Actions relating to the Northern Ireland Troubles
  57. 24 The Crown.
  58. 25 Short title, commencement and extent.
  59. SCHEDULE 1 Obligations Affected by Prescriptive Periods of Five Years under Section 6
  60. SCHEDULE 2 Appropriate Dates for Certain Obligations for Purposes of Section 6
  61. SCHEDULE 3 Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1
  62. SCHEDULE 4 ENACTMENTS AMENDED
  63. SCHEDULE 5 REPEALS

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63 provisions

19CB Interruption of section 18A(1) limitation period: mediation

(1) In any computation of the period specified in section 18A(1), any period of mediation in relation to a relevant matter is to be disregarded. (2) For the purposes of this section, a period of mediation— (a) begins on the day on which a mediator is appointed by the parties, and (b) ends on such day as the parties may agree or, otherwise, on the day— (i) on which a party notifies another party that they are withdrawing from the mediation, (ii) which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the mediation (and no response has been received), or (iii) which falls 14 days after the day on which the mediator resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed). (3) In this section— “mediation” means a structured process, whereby two or more parties to a dispute attempt, with the assistance of a mediator, to resolve or reduce disagreement between or among them with a view to resolution of the dispute without recourse to court, “mediator” means an independent person who is appointed by the parties to conduct a mediation, whether or not for remuneration, in an effective, impartial, and competent way, “party” means a party to the mediation, and “relevant matter” means a matter to which a limitation period applies by virtue of section 18A(1).

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19CC Interruption of section 18A(1) limitation period: media complaints and expert determination

(1) In any computation of the period specified in section 18A(1), any relevant period in relation to a relevant matter is to be disregarded. (2) For the purposes of this section, a relevant period— (a) begins on the day on which the parties agree, in writing, to attempt to resolve the dispute by way of a complaints process or expert determination (“the process”), and (b) ends on such day as the parties may agree or, otherwise, on the day— (i) on which a party notifies another party that they are withdrawing from the process, (ii) which falls 14 days after the day on which a party makes a request for confirmation that another party is continuing with the process (and no response has been received), (iii) which falls 14 days after the day on which any person (other than a party) who was conducting or facilitating the process resigns or dies or otherwise becomes incapable of acting (and no replacement has been appointed). (3) This section does not apply where the process is one to which section 19CA or 19CB applies. (4) In this section— “complaints process” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by referring the relevant matter to an independent person that handles complaints relating to the publication of material in the medium in question to make a determination on the merits of the relevant matter, “expert determination” means a process whereby two or more parties to a dispute attempt to resolve the dispute between them by appointing a single independent and suitable individual who holds appropriate professional qualifications and is a member of a suitable professional body to act as an expert and decide the dispute, such person to be agreed by the parties or, failing which, to be determined in a manner agreed by the parties, “party” means a party to the complaints process or expert determination, “relevant matter” means a matter to which a limitation period applies by virtue of section 18A(1). (5) The Scottish Ministers may by regulations amend the definitions in subsection (4). (6) Regulations under subsection (5) are subject to the affirmative procedure.

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19D Actions for exploitation proceeds orders

(1) None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc ) for an exploitation proceeds order. (2) Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority's right of action accrued. (3) Proceedings under that Part for such an order are brought when an application is made for the order. (4) Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained. (5) Expressions used in this section and that Part have the same meaning in this section as in that Part.

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19F Extension of limitation periods: cross-border mediation

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22 Interpretation of Part II and supplementary provisions.

(1) In this Part of this Act— “ the court ” means the Court of Session or the sheriff court; and “ personal injuries ” includes any disease and any impairment of a person’s physical or mental condition. (2) Where the pursuer in an action to which section 17 , 18 , 18A or 18ZA of this Act applies is pursuing the action by virtue of the assignation of a right of action, the reference in subsection (2)(b) of the said section 17 or of the said section 18 or, as the case may be, subsection (4)(b) of the said section 18A or subsection (3) or (7)(b) of the said section 18ZA to the pursuer in the action shall be construed as a reference to the assignor of the right of action. (3) For the purposes of the said subsection (2)(b) knowledge that any act or omission was or was not, as a matter of law, actionable, is irrelevant. (4) An action which would not be entertained but for the said subsection (2)(b) shall not be tried by jury.

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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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22B 3 year limitation of actions.

(1) This section shall apply to an action to enforce 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), except where section 22C of this Act applies. (2) Subject to subsection (4) below, an action to which this section applies shall not be competent unless it is commenced within the period of 3 years after the earliest date on which the person seeking to bring (or a person who could at an earlier date have brought) the action was aware, or on which, in the opinion of the court, it was reasonably practicable for him in all the circumstances to become aware, of all the facts mentioned in subsection (3) below. (3) The facts referred to in subsection (2) above are— (a) that there was a defect in a product; (b) that the damage was caused or partly caused by the defect; (c) that the damage was sufficiently serious to justify the pursuer (or other person referred to in subsection (2) above) in bringing an action to which this section applies on the assumption that the defender did not dispute liability and was able to satisfy a decree; (d) that the defender was a person liable for the damage under the said section 2. (4) In the computation of the period of 3 years mentioned in subsection (2) above, there shall be disregarded any period during which the person seeking to bring the action was under legal disability by reason of nonage or unsoundness of mind. (5) The facts mentioned in subsection (3) above do not include knowledge of whether particular facts and circumstances would or would not, as a matter of law, result in liability for damage under the said section 2. (6) Where a person would be entitled, but for this section, to bring an action for reparation other than one in which the damages claimed are confined to damages for loss of or damage to property, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding this section.

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22C Actions under the 1987 Act where death has resulted from personal injuries.

(1) This section shall apply to an action to enforce 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) where a person has died from personal injuries and the damages claimed include damages for those personal injuries or that death. (2) Subject to subsection (4) below, an action to which this section applies shall not be competent unless it is commenced within the period of 3 years after the later of— (a) the date of death of the injured person; (b) the earliest date on which the person seeking to make (or a person who could at an earlier date have made) the claim was aware, or on which, in the opinion of the court, it was reasonably practicable for him in all the circumstances to become aware— (i) that there was a defect in the product; (ii) that the injuries of the deceased were caused (or partly caused) by the defect; and (iii) that the defender was a person liable for the damage under the said section 2. (3) Where the person seeking to make the claim is a relative of the deceased, there shall be disregarded in the computation of the period mentioned in subsection (2) above any period during which that relative was under legal disability by reason of nonage or unsoundness of mind. (4) Where an action to which section 22B of this Act applies has not been brought within the period mentioned in subsection (2) of that section and the person subsequently dies in consequence of his injuries, an action to which this section applies shall not be competent in respect of those injuries or that death. (5) Where a person would be entitled, but for this section, to bring an action for reparation other than one in which the damages claimed are confined to damages for loss of or damage to property, the court may, if it seems to it equitable to do so, allow him to bring the action notwithstanding this section. (6) In this section “ relative ” has the same meaning as in the Damages (Scotland) Act 2011 . (7) For the purposes of subsection (2)(b) above there shall be disregarded knowledge of whether particular facts and circumstances would or would not, as a matter of law, result in liability for damage under the said section 2.

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22CA Interruption of limitation period for 1987 Act actions: arbitration

(1) Any period during which an arbitration is ongoing in relation to a matter is to be disregarded in any computation of the period specified in section 22B(2) or 22C(2) of this Act in relation to that matter. (2) In this section, “ arbitration ” means— (a) any arbitration in Scotland, (b) any arbitration in a country other than Scotland, being an arbitration an award in which would be enforceable in Scotland.

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22CB Extension of limitation periods for 1987 Act actions: mediation

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22D Interpretation of this Part.

(1) Expressions used in this Part and in Part I of the 1987 Act shall have the same meanings in this Part as in the said Part I. (2) For the purposes of section 1(1) of the 1987 Act, this Part shall have effect and be construed as if it were contained in Part I of that Act. (3) In this Part, “ the 1987 Act ” means the Consumer Protection Act 1987.

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23A Private international law application.

(1) Where the substantive law of a country other than Scotland falls to be applied by a Scottish court as the law governing an obligation, the court shall apply any relevant rules of law of that country relating to the extinction of the obligation or the limitation of time within which proceedings may be brought to enforce the obligation , subject to section 23B, to the exclusion of any corresponding rule of Scots law. (2) This section shall not apply where it appears to the court that the application of the relevant foreign rule of law would be incompatible with the principles of public policy applied by the court. (3) This section shall not apply in any case where the application of the corresponding rule of Scots law has extinguished the obligation, or barred the bringing of proceedings prior to the coming into force of the Prescription and Limitation (Scotland) Act 1984. (4) This section and section 23B shall not apply in any case where the law of a country other than Scotland falls to be applied by virtue of any choice of law rule contained in the Rome I Regulation or the Rome II Regulation. (5) In subsection (4)— (a) “the Rome I Regulation” means Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) as that Regulation has effect as assimilated direct legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Contractual Obligations (Scotland) Regulations 2009), unless the proceedings are ones in respect of which Regulation (EC) No. 593/2008 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case it means that Regulation as it has effect by virtue of that Article; and (b) “the Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) as that Regulation has effect as assimilated direct legislation (including that Regulation as applied by regulation 4 of the Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008), unless the proceedings are ones in respect of which Regulation (EC) No. 864/2007 has effect by virtue of Article 66 of the EU withdrawal agreement, in which case it means that Regulation as it has effect by virtue of that Article.

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23B Overseas armed forces actions: restriction of foreign prescription and limitation law

(1) Subsection (3) applies where— (a) the law of a country other than Scotland relating to the extinction of an obligation or the limitation of time within which an action may be brought to enforce an obligation is to be applied by virtue of section 23A(1) in an overseas armed forces personal injuries action, and (b) the commencement condition applies in relation to that action, and in this section the law mentioned in paragraph (a) that is to be applied in that action is referred to as “the relevant foreign limitation law”. (2) The commencement condition applies in relation to an overseas armed forces personal injuries action if the action commenced on a date which is after the end of the period of 6 years beginning with— (a) the date on which any limitation period specified in the relevant foreign limitation law began to run, or (b) where the relevant foreign limitation law has the effect that the action may be commenced within an indefinite period, the first date on which the action could have been commenced, and in this section “limitation period” includes a prescriptive period (however expressed in the relevant foreign limitation law). (3) The relevant foreign limitation law is to be treated as providing the defender with a complete defence to the action so far as relating to the obligation (where that would not otherwise be the case). (4) An “overseas armed forces personal injuries action” means an action— (a) which is an overseas armed forces action as defined in section 19AA(11), and (b) which (under the substantive law of the other country that falls to be applied) corresponds to an action to which section 17 or 18 applies (actions in respect of personal injuries or death). (5) In the application of subsection (2) to an action in respect of which— (a) in accordance with the relevant foreign limitation law, a limitation period specified in that law has been suspended or interrupted for a period by reason of a person's lacking legal capacity or being under a disability, or (b) in accordance with the relevant foreign limitation law, a period during which a person lacks legal capacity or is under a disability has been disregarded in computing a limitation period specified in that law, the reference to the period of 6 years is to be treated as a reference to the period of 6 years plus the period of suspension or interruption or (as the case may be) the period that was so disregarded.

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23C Actions relating to the Northern Ireland Troubles

This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

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25 Short title, commencement and extent.

(1) This Act may be cited as the Prescription and Limitation (Scotland) Act 1973. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this Act shall come into operation, as follows:— (a) Parts II and III of this Act, Part II of Schedule 4 to this Act and Part II of Schedule 5 to this Act shall come into operation on the date on which this Act is passed; (b) except as aforesaid this Act shall come into operation on the expiration of three years from the said date. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) This Act extends to Scotland only.

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SCHEDULE 1 Obligations Affected by Prescriptive Periods of Five Years under Section 6

1 Subject to paragraph 2 below, section 6 of this Act applies— (a) to any obligation to pay a sum of money due in respect of a particular period— (i) by way of interest; (ii) by way of an instalment of an annuity; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (v) by way of rent or other periodical payment under a lease; (vi) by way of a periodical payment in respect of the occupancy or use of land, not being an obligation falling within any other provision of this sub-paragraph; (vii) by way of a periodical payment under a title condition, not being an obligation falling within any other provision of this sub-paragraph; (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) to any obligation arising by virtue of a right— (i) of reversion under the third proviso to section 2 of the School Sites Act 1841 (4 & 5 Vict. c.38) (or of reversion under that proviso as applied by virtue of any other enactment); (ii) to petition for a declaration of forfeiture under section 7 of the Entail Sites Act 1840 (3 & 4 Vict. c.48); (ac) to any obligation to pay a sum of money by way of costs to which section 12 of the Tenements (Scotland) Act 2004 (asp 11) applies; (aca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ad) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ae) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (af) to any obligation arising by virtue of rights of redress under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024; (b) to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense; (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) to any obligation arising fromnegotiorum gestio; (d) to any obligation to pay damages (whatever the source of the obligation); (da) to any obligation arising from delict, not being an obligation falling within any other provision of this paragraph; (dd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) to any obligation under a bill of exchange or a promissory note; (f) to any obligation of accounting, other than accounting for trust funds; (fa) to any obligation relating to the validity of a contract, not being an obligation falling within any other provision of this paragraph; (fb) to any obligation to reimburse expenditure incurred in reliance on a representation about the existence of a contract; (g) to any obligation arising from, or by reason of any breach of, a contract or promise, not being an obligation falling within any other provision of this paragraph. (h) to any obligation to make a payment arising under an enactment (whenever passed or made), not being an obligation falling within any other provision of this paragraph. 2 Notwithstanding anything in the foregoing paragraph, section 6 of this Act does not apply— (a) to any obligation to recognise or obtemper a decree of court, an arbitration award or an order of a tribunal or authority exercising jurisdiction under any enactment; (b) to any obligation arising from the issue of a bank note; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) to any obligation under a contract of partnership or of agency, not being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract; (e) except as provided in paragraph 1(a), (ab), (ac) and (h) of this Schedule, to any obligation relating to land (including an obligation to recognise a servitude); (ea) to any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 77 or 94 of the Land Registration etc. (Scotland) Act 2012; (ee) so as to extinguish, before the expiry of the continuous period of five years which immediately follows the coming into force of section 88 of the Title Conditions (Scotland) Act 2003 (asp 9) (prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act), an obligation mentioned in sub-paragraph (ab) of paragraph 1 of this Schedule; (f) to any obligation to satisfy any claim to ... legitim,jus relictiorjus relictae, or to any prior right of a surviving spouse under section 8 or 9 of the Succession (Scotland) Act 1964; (fa) to any obligation to pay taxes or duties that are recoverable by the Crown, or to pay any penalty, interest or other sum that is recoverable as if it were an amount of such taxes or duties; (fb) to any obligation to pay a sum recoverable under— (i) Part 3 (overpayments and adjustments of benefit) of the Social Security Administration Act 1992 , including as amended by the Public Authorities (Fraud, Error and Recovery) Act 2025; (ii) section 127(c) (recovery of income support in certain circumstances) of the Social Security Contributions and Benefits Act 1992; or (iii) Part 1 (tax credits) of the Tax Credits Act 2002; (fc) to any obligation to pay child support maintenance under the Child Support Act 1991; (fd) to any obligation to pay— (i) council tax under Part 2 of the Local Government Finance Act 1992; (ii) non-domestic rates levied under section 7B(2) of the Local Government (Scotland) Act 1975; or (iii) any surcharge, fees, expenses or other sum recoverable in connection with the enforcement of an obligation to pay such council tax or rates; (g) to any obligation to make reparation in respect of personal injuries within the meaning of Part II of this Act or in respect of the death of any person as a result of such injuries; (ga) to any obligation to make reparation arising from liability under section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurer etc. where accident caused by automated vehicle);”. (gb) to any obligation to pay damages arising from liability under section 148 or 149 of the Building Safety Act 2022; (gg) to any obligation to make reparation or otherwise make good in respect of defamation within the meaning of section 18A of this Act; (ggg) to any obligation arising from liability under section 2 of the Consumer Protection Act 1987 (to make reparation for damage caused wholly or partly by a defect in a product); (h) to any obligation specified in Schedule 3 to this Act as an imprescriptible obligation. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In this Schedule, “ title condition ” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

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SCHEDULE 2 Appropriate Dates for Certain Obligations for Purposes of Section 6

1 (1) This paragraph applies to any obligation, not being part of a banking transaction, to pay money in respect of— (a) goods supplied on sale or hire, or (b) services rendered, in a series of transactions between the same parties (whether under a single contract or under several contracts) and charged on continuing account. (2) In the foregoing sub-paragraph— (a) any reference to the supply of goods on sale includes a reference to the supply of goods under a hire-purchase agreement, a credit-sale agreement or a conditional sale agreement as defined (in each case) by section 1 of the Hire-Purchase (Scotland) Act 1965; and (b) any reference to services rendered does not include the work of keeping the account in question. (3) Where there is a series of transactions between a partnership and another party, the series shall be regarded for the purposes of this paragraph as terminated (without prejudice to any other mode of termination) if the partnership or any partner therein becomes bankrupt; but, subject to that, if the partnership (in the further provisions of this sub-paragraph referred to as “the old partnership”) is dissolved and is replaced by a single new partnership having among its partners any person who was a partner in the old partnership, then, for the purposes of this paragraph, the new partnership shall be regarded as if it were identical with the old partnership. (4) The appropriate date in relation to an obligation to which this paragraph applies is the date on which payment for the goods last supplied, or, as the case may be, the services last rendered, became due. 2 (1) This paragraph applies to any obligation to repay the whole, or any part of, a sum of money lent to, or deposited with, the debtor under a contract of loan or, as the case may be, deposit. (2) The appropriate date in relation to an obligation to which this paragraph applies is— (a) if the contract contains a stipulation which makes provision with respect to the date on or before which repayment of the sum or, as the case may be, the part thereof is to be made, the date on or before which, in terms of that stipulation, the sum or part thereof is to be repaid; and (b) if the contract contains no such stipulation, but a written demand for repayment of the sum, or, as the case may be, the part thereof, is made by or on behalf of the creditor to the debtor, the date when such demand is made or first made. 3 (1) This paragraph applies to any obligation under a contract of partnership or of agency, being an obligation remaining, or becoming, prestable on or after the termination of the relationship between the parties under the contract. (2) The appropriate date in relation to an obligation to which this paragraph applies is— (a) if the contract contains a stipulation which makes provision with respect to the date on or before which performance of the obligation is to be due, the date on or before which, in terms of that stipulation, the obligation is to be performed; and (b) in any other case the date when the said relationship terminated. 4 (1) This paragraph applies to any obligation— (a) to pay an instalment of a sum of money payable by instalments, or (b) to execute any instalment of work due to be executed by instalments, not being an obligation to which any of the foregoing paragraphs applies. (2) The appropriate date in relation to an obligation to which this paragraph applies is the date on which the last of the instalments is due to be paid or, as the case may be, to be executed.

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SCHEDULE 3 Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1

The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely— (a) any real right of ownership in land; (b) the right in land of the lessee under a recorded lease; (c) any right exercisable as a res merae facultatis; (d) any right to recover property extra commercium; (e) any obligation of a trustee— (i) to produce accounts of the trustee’s intromissions with any property of the trust; (ii) to make reparation or restitution in respect of any fraudulent breach of trust to which the trustee was a party or was privy; (iii) to make furthcoming to any person entitled thereto any trust property, or the proceeds of any such property, in the possession of the trustee, or to make good the value of any such property previously received by the trustee and appropriated to his own use; (f) any obligation of a third party to make furthcoming to any person entitled thereto any trust property received by the third party otherwise than in good faith and in his possession; (g) any right to recover stolen property from the person by whom it was stolen or from any person privy to the stealing thereof; (h) any right to be served as heir to an ancestor or to take any steps necessary for making up or completing title to any real right in land. (i) any obligation of the Keeper of the Registers of Scotland to rectify an inaccuracy in the Land Register of Scotland

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SCHEDULE 4 ENACTMENTS AMENDED

Sections 16, 23. PART I AMENDMENT TAKING EFFECT ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT The Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16) In subsection (1) of section 1, as substituted for Scotland by paragraph (a) of section 4, in the list of enactments appended to the subsection, for the entries relating to the Acts of the Parliament of Scotland 1579 cap. 21, 1669 cap. 14 and 1695 cap. 7, and to section 37 of the Bills of Exchange (Scotland) Act 1772, there shall be substituted the words “section 6 of the Prescription and Limitation (Scotland) Act 1973”. PART II AMENDMENTS TAKING EFFECT ON PASSING OF THIS ACT . . . The Carriage by Air Act 1961 (9 & 10 Eliz. 2. c. 27) In section 11(c), for the words “section six of the Law Reform (Limitation of Actions, &c.) Act 1954” there shall be substituted the words “section 17 of the Prescription and Limitation (Scotland) Act 1973”. The Law Reform (Miscellaneous Provisions) Act 1971 (1971 c. 43) In section 4(2), for the words “section 6 of the Law Reform (Limitation of Actions, &c.) Act 1954” there shall be substituted the words “section 22(1) of the Prescription and Limitation (Scotland) Act 1973”.

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SCHEDULE 5 REPEALS

Sections 16, 23. PART I REPEALS COMING INTO FORCE ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT Chapter | Short Title | Extent of Repeal 1469 c. 4. | The Prescription Act 1469. | The whole Act. 1474 c. 9. | The Prescription Act 1474. | The whole Act. 1579 c. 19. | The Prescription (Ejections) Act 1579. | The whole Act. 1579 c. 21. | The Prescription Act 1579. | The whole Act. 1594 c. 24. | The Prescription Act 1594. | The whole Act. 1617 c. 12. | The Prescription Act 1617. | The whole Act. 1617 c. 13. | The Reduction Act 1617. | The whole Act. 1669 c. 14. | The Prescription Act 1669. | The whole Act. 1669 c. 15. | The Interruptions Act 1669. | The whole Act. 1685 c. 14. | The Prescriptions Act 1685. | The whole Act. 1695 c. 7. | The Cautioners Act 1695. | The whole Act. 1696 c. 9. | The Prescription Act 1696. | The whole Act. 1696 c. 19. | The Interruptions Act 1696. | The whole Act. 12 Geo. 3. c. 72. | The Bills of Exchange (Scotland) Act 1772. | Sections 37, 39, 40. 31 & 32 Vict. c. 64. | The Land Writs Registration (Scotland) Act 1868. | Section 15. 45 & 46 Vict. c. 61. | The Bills of Exchange Act 1882. | In section 100, the words from “this section shall not apply” to the end of the section. 14 & 15 Geo. 5. c. 27. | The Conveyancing (Scotland) Act 1924. | Sections 16, 17. 1 & 2 Geo. 6. c. 24. | The Conveyancing Amendment (Scotland) Act 1938. | Section 4. 1969 c. 39. | The Age of Majority (Scotland) Act 1969. | In Schedule 1, the entry relating to the Prescription Act 1617. 1970 c. 35. | The Conveyancing and Fuedal Reform (Scotland) Act 1970. | Section 8. PART II REPEALS COMING INTO FORCE ON PASSING OF THIS ACT Chapter | Short Title | Extent of Repeal 2 & 3 Eliz. 2. c. 36. | The Law Reform (Limitation of Actions .) Act 1954. | Section 6. 1963 c. 47. | The Limitation Act 1963. | Part II. 1971 c. 43. | The Law Reform (Miscellaneous Provisions) Act 1971. | In Schedule 1, Part II. Schedule 2.

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