SCHEDULES

C1C2SCHEDULE 1 Obligations Affected by Prescriptive Periods of Five Years under Section 6

Annotations:
Modifications etc. (not altering text)
C1

Sch. 1 excluded (prosp.) by 2000 asp 5, ss. 57, 77(2) (with ss. 58, 62, 75)

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;

F3iii

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F3iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F4title condition, not being an obligation falling within any other provision of this sub-paragraph;

F5aa

to any obligation to make a compensatory payment (“ compensatory payment ” being construed in accordance with section 8(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), including that section as read with section 56 of that Act);

F1aa

to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);

b

to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense;

c

to any obligation arising fromnegotiorum gestio;

d

to any obligation arising from liability (whether arising from any enactment or from any rule of law) to make reparation;

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;

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.

F2ab

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);

F6ac

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;