# The Cross-Border Mediation (Scotland) Regulations 2011 (revoked)

S.S.I. 2011/234 · made 21 March 2011 · revised to 31 December 2020

These Regulations implement Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters. The Regulations apply to “cross-border disputes” about such matters. A cross-border dispute is defined in Article 2 of the Directive as a dispute in which at least one party is domiciled or habitually resident in a Member State other than that of another party. These Regulations accordingly do not cover disputes between parties resident in different jurisdictions in the UK.

PDFs: Printed copy https://openlegislation.uk/cross-border-mediation-scotland-regulations-2011-revoked/pdf/ssi_20110234_en.pdf; Executive Note https://openlegislation.uk/cross-border-mediation-scotland-regulations-2011-revoked/pdf/ssien_20110234_en.pdf

## Introductory text

Mediation
Made 21st March 2011
Coming into force 6th April 2011
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## 1 Citation, commencement and application

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## 2 Interpretation

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## 3 Confidentiality of Mediation

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## 4 Extensions to prescription and limitation periods under the Prescription and Limitation (Scotland) Act 1973

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## 5 

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## 6 

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## 7 Amendments to prescription period in the Civic Government (Scotland) Act 1982

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## 8 Amendments to limitation period in the Rent (Scotland) Act 1984

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## 9 Amendments to limitation periods in the Family Law (Scotland) Act 2006

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## Signature

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## Explanatory note

(This note is not part of the Regulations)
These Regulations implement Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters. The Regulations apply to “cross-border disputes” about such matters. A cross-border dispute is defined in Article 2 of the Directive as a dispute in which at least one party is domiciled or habitually resident in a Member State other than that of another party. These Regulations accordingly do not cover disputes between parties resident in different jurisdictions in the UK.
Regulation 3 provides that mediators and those involved in the administration of mediation are not compelled to give evidence in civil and commercial judicial proceedings or arbitration.
Regulations 4 to 9 provide for the extension of prescription and limitation periods so that these do not expire during the mediation process. Regulations 4 to 6 amend general prescription and limitation provisions in the Prescription and Limitation (Scotland) Act 1973.
Regulation 7 amends section 71 of the Civic Government (Scotland) Act 1982, which sets a one year time limit for recovery by the original owner of property transferred to someone else by the police.
Regulation 8 amends section 37 of the Rent (Scotland) Act 1984, which sets a two year time limit for recovery by a tenant from a landlord, certain sums paid on account of rent.
Regulation 9 amends sections 28 and 29 of the Family Law (Scotland) Act 2006. Section 28 sets a one year time limit for a cohabitant to apply for payment of an amount by the other cohabitant after they have split up. Section 29 sets a six month time limit for a cohabitant to apply for payment or transfer of property out of an intestate estate after the other cohabitant has died.
In each case, the amendments provide that in cross-border cases, where a period would otherwise have expired while mediation is ongoing or within 8 weeks of it ending, the period will be extended so that it will expire 8 weeks after the end of mediation.

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Source: https://www.legislation.gov.uk/ssi/2011/234 (the official version)
Page: https://openlegislation.uk/cross-border-mediation-scotland-regulations-2011-revoked
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.