OpenLegislation

Section 9 †Definition of “relevant claim” for purposes of sections 6, 7 , 8 and 8A.C2F15C1

Scotland

(1)

In sections 6 F17 and 8A of this Act the expression “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—

(a)

in appropriate proceedings, F2...

F3(b)

by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section F446 or 122 of the Bankruptcy (Scotland) Act 2016 . . . F5; F6...

(c)

by a creditor to the trustee acting under a trust deed as defined in section F7228(1) of the Bankruptcy (Scotland) Act 2016; F8F9...

(d)

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 rules made under section 411 of the Insolvency Act M1 1986;

F10(e)

by the appointment, or the submission of an application for the appointment, of a receiver under section 51 of the Insolvency Act 1986;

(f)

by the submission of an application for an administration order under paragraph 12 of Schedule B1 of the Insolvency Act 1986;

(g)

by the appointment of an administrator under paragraph 14 of Schedule B1 of the Insolvency Act 1986; or

(h)

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;

and for the purposes of the said sections 6 7 and 8A the execution by or on behalf of the creditor in an obligation of any form of diligence directed to the enforcement of the obligation shall be deemed to be a relevant claim in relation to the obligation.

(2)

In section 8 of this Act the expression “relevant claim”, in relation to a right, means a claim made in appropriate proceedings by or on behalf of the creditor to establish the right or to contest any claim to a right inconsistent therewith.

F11(2A)

Where a relevant claim is made in relation to an obligation to which section 6 or 8A applies, the claim is to be treated for the purposes of that section as being made continuously until the claim is finally disposed of.

(3)

Where a claim which, in accordance with the foregoing provisions of this section, is a relevant claim for the purposes of section 6, 7 F128 or 8A of this Act is made in an arbitration, F13the date when the arbitration begins shall be taken for those purposes to be the date of the making of the claim.

(4)

In this section the expression “appropriate proceedings” and, in relation to an arbitration, the expression “F14the date when the arbitration begins” have the same meanings as in section 4 of this Act.

Annotations

Textual amendments

F1

Words substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 3 (a)

F2

Word in s. 9(1)(a) repealed (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 10(2)(a), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

F3

S. 9 paras. (b)(c) substituted for para. (b) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66:2), s. 75(1), Sch. 7 para. 11

F4

Words in s. 9(1)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 6(2)(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

F5

Words repealed by Prescription (Scotland) Act 1987 (c. 36, SIF 97), s. 1(2)(3)

F6

Word in s. 9(1)(b) repealed (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 10(2)(a), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

F7

Words in s. 9(1)(c) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 6(2)(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

F8

S. 9(1)(d) and word “or” immediately preceding it inserted by Prescription (Scotland) Act 1987 (c. 36, SIF 97), s. 1(1)(3), with effect as regards any claim (whenever submitted) in a liquidation in respect of which the winding up commenced on or after 29 December 1986

F9

Word in s. 9(1)(c) repealed (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 10(2)(a), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

F10

S. 9(1)(e)-(h) inserted (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 10(2)(b), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

F11

S. 9(2A) inserted (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 11(2), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

F12

Words substituted by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), s. 6(1), Sch. 1 para. 3(b)

F13

Words in s. 9(3) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(3)(a), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)

F14

Words in s. 9(4) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 23(3)(b), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)

F15

Words in s. 9 heading substituted (28.2.2025) by Prescription (Scotland) Act 2018 (asp 15), ss. 11(3), 17(2); S.S.I. 2022/78, reg. 2(1) (with regs. 1(2), 3(1), 4(1))

Marginal citations

M1

1986 c. 45 (66).

Modifications

C1

S. 9 applied (with modifications) (4.4.2003 for specified purposes, 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 18(3), 122(1), 129(2), 129(5)(d) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

C2

Unreliable margin note