Supplementary
23Prescription and limitation
1
The Prescription and Limitation (Scotland) Act 1973 (c. 52) is amended as follows.
2
In section 4 (positive prescription: interruption)—
a
in subsection (2)(b), after “Scotland” insert “in respect of which an arbitrator (or panel of arbitrators) has been appointed”,
b
in subsection (3)(a), for the words from “and” to “served” substitute “, the date when the arbitration begins”,
c
for subsection (4) substitute—
4
An arbitration begins for the purposes of this section—
a
when the parties to the arbitration agree that it begins, or
b
in the absence of such agreement, in accordance with rule 1 of the Scottish Arbitration Rules (see section 7 of, and schedule 1 to, the Arbitration (Scotland) Act 2010 (asp 1)).
3
In section 9 (negative prescription: interruption)—
a
in subsection (3), for the words from “and” to “served” substitute “the date when the arbitration begins”,
b
in subsection (4), for “preliminary notice” substitute “the date when the arbitration begins”.
4
After section 19C, insert—
19CAInterruption of limitation period: 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 17(2), 18(2), 18A(1) or 18B(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.
5
In section 22A(4), for the words from “and” to “served” substitute “the date when the arbitration begins (within the meaning of section 4(4) of this Act)”.
6
After section 22C, insert—
22CAInterruption 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.