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Prescription and Limitation (Scotland) Act 1973

1973 c. 52 · Enacted 25 July 1973 · Extends to Scotland

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 1(4)repealedBankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1
s. 32(2)applied (with modifications)Heat Networks (Scotland) Act 2021 s. 69(8)
s. 15(1)words substitutedTrusts and Succession (Scotland) Act 2024 Sch. 1 para. 11
s. 18ZA(1)word insertedAutomated Vehicles Act 2024 Sch. 2 para. 2
s. 18ZA(4)(b)word insertedAutomated Vehicles Act 2024 Sch. 2 para. 2

An Act to replace the Prescription Acts of 1469, 1474 and 1617 and make new provision in the law of Scotland with respect to the establishment and definition by positive prescription of title to interests in land and of positive servitudes and public rights of way, and with respect to the extinction of rights and obligations by negative prescription; to repeal certain enactments relating to limitation of proof; to re-enact with modifications certain enactments relating to the time-limits for bringing legal proceedings where damages are claimed which consist of or include damages or solatium in respect of personal injuries or in respect of a person’s death and the time-limit for claiming contribution between wrongdoers; and for purposes connected with the matters aforesaid.

[25th July 1973] I1C1C2C3C4C5C6C7

Annotations to the whole text

Modifications

C1

Act amended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 39(4)(a)

C2

Act modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.

C3

Act applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))

C4

Act applied (with modifications) by 1998 c. 41, s. 47E(2)(b) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 8(1) (with Sch. para. 8(2)); S.I. 2015/1630, art. 3(j))

C5

Act applied (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 46(9), 100(5); S.I. 2015/1630, art. 3(a) (with art. 6(1))

C6

Act modified (26.2.2018) by Contract (Third Party Rights) (Scotland) Act 2017 (asp 5), ss. 10(1), 13(2) (with s. 3(2)); S.S.I. 2018/8, reg. 2

C7

Act applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4

Commencement

I1

Act not in force at Royal Assent, see s. 25(2); Act wholly in force at 25.7.1976.

Contents

  1. Part I: Prescription
  2. Positive prescription
  3. 1Validity of right
  4. 2Special cases
  5. 3Positive servitudes and public rights of way.
  6. 4Judicial interruption of periods of possession for purposes of sections 1, 2 and 3.
  7. 5Further provisions supplementary to sections 1, 2 and 3.
  8. Negative Prescription
  9. 6Extinction of obligations by prescriptive periods of five years.
  10. 7Extinction of obligations by prescriptive periods of twenty years.
  11. 7ASaving for other statutory provisions about prescription or limitation
  12. 8Extinction of other rights relating to property by prescriptive periods of twenty years.
  13. 8AExtinction of obligations to make contributions between wrongdoers.
  14. 9†Definition of “relevant claim” for purposes of sections 6, 7 , 8 and 8A.
  15. 9ADefinition of “final disposal” of relevant claim for purposes of sections 7, 8 and 9
  16. 10†Relevant acknowledgment for purposes of sections 6 and 8A.
  17. 11Obligations to pay damages.
  18. 12Savings.
  19. 13Restrictions on contracting out
  20. 13ABurden of proof
  21. General
  22. 14Computation of prescriptive periods.
  23. 15Interpretation of Part I.
  24. 16Amendments and repeals related to Part I.
  25. Part II: Limitation of Actions
  26. 16APart II not to extend to product liability.
  27. 17Actions in respect of personal injuries not resulting in death.
  28. 17AActions in respect of personal injuries resulting from childhood abuse
  29. 17BChildhood abuse actions: previously accrued rights of action
  30. 17CChildhood abuse actions: previously litigated rights of action
  31. 17DChildhood abuse actions: circumstances in which an action may not proceed
  32. 18Actions where death has resulted from personal injuries.
  33. 18ZAActions under section 2 of the Automated and Electric Vehicles Act 2018
  34. 18ZBSection 18ZA: extension of limitation periods
  35. 18ZCActions under section 5 of the Automated and Electric Vehicles Act 2018
  36. 18ZDActions relating to construction products
  37. 18ALimitation of defamation and other actions.
  38. 18BActions of harassment.
  39. 19APower of court to override time-limits etc.
  40. 19AARestriction of court's power to override time-limits: overseas armed forces actions
  41. 19BActions for recovery of property obtained through unlawful conduct etc.
  42. 19BAActions to prohibit dealing with property subject to an external request
  43. 19CActions for recovery of property for the purposes of an external order
  44. 19CAInterruption of limitation period: arbitration
  45. 19CBInterruption of section 18A(1) limitation period: mediation
  46. 19CCInterruption of section 18A(1) limitation period: media complaints and expert determination
  47. 19DActions for exploitation proceeds orders
  48. 19FExtension of limitation periods: cross-border mediation Repealed
  49. 20, 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  50. 22Interpretation of Part II and supplementary provisions.
  51. Part IIA: Prescription of Obligations and Limitation of Actions under Part I of the Consumer Protection Act 1987
  52. Prescription of Obligations
  53. 22ATen years’prescription of obligations.
  54. Limitation of actions
  55. 22B3 year limitation of actions.
  56. 22CActions under the 1987 Act where death has resulted from personal injuries.
  57. 22CAInterruption of limitation period for 1987 Act actions: arbitration
  58. 22CBExtension of limitation periods for 1987 Act actions: mediation Repealed
  59. Supplementary
  60. 22DInterpretation of this Part.
  61. 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  62. Part III: Supplemental
  63. 23APrivate international law application.
  64. 23BOverseas armed forces actions: restriction of foreign prescription and limitation law
  65. 23CActions relating to the Northern Ireland Troubles
  66. 24The Crown.
  67. 25Short title, commencement and extent.
  68. Schedule 1: Obligations Affected by Prescriptive Periods of Five Years under Section 6
  69. 1Paragraph 1
  70. 2Paragraph 2
  71. 3Paragraph 3 Repealed
  72. 4Paragraph 4
  73. Schedule 2: Appropriate Dates for Certain Obligations for Purposes of Section 6
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. Schedule 3: Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1
  79. Paragraph
  80. Schedule 4: ENACTMENTS AMENDED
  81. Part I: AMENDMENT TAKING EFFECT ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT
  82. The Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)
  83. IIAMENDMENTS TAKING EFFECT ON PASSING OF THIS ACT
  84. The Carriage by Air Act 1961 (9 & 10 Eliz. 2. c. 27)
  85. The Law Reform (Miscellaneous Provisions) Act 1971 (1971 c. 43)
  86. Schedule 5: REPEALS
  87. IREPEALS COMING INTO FORCE ON EXPIRATION OF THREE YEARS FROM PASSING OF THIS ACT
  88. IIREPEALS COMING INTO FORCE ON PASSING OF THIS ACT