Modifications etc. (not altering text)
C2Sch. 1 excluded (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 57, 71, 77(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
1SSubject 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;
F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F2title condition], not being an obligation falling within any other provision of this sub-paragraph;
[F3(aa)to any obligation to pay compensation by virtue of section 2 of the Leasehold Casualties (Scotland) Act 2001 (asp 5);]
[F4(aa) 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); ]
[F5(ab)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); ]
[F6(ac)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;]
[F7(ad) to any obligation of the Keeper of the Registers of Scotland to pay compensation by virtue of section 84 of the Land Registration etc. (Scotland) Act 2012 (asp 5);
(ae)to any obligation to pay compensation by virtue of section 111 of that Act;]
[F8(aca)to any obligation to make a payment under section 46, 53(2) or 54(5) of the Long Leases (Scotland) Act 2012 (asp 9),]
[F9(af) to any obligation arising by virtue of a right to redress under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 ( SI 2008/1277 ); ]
(b)to any obligation based on redress of unjustified enrichment, including without prejudice to that generality any obligation of restitution, repetition or recompense;
[F10(ba)to any obligation to make payment to the Scottish Ministers arising from section 63 of the Social Security (Scotland) Act 2018.]
(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;
[F11(dd)to any obligation arising by virtue of section 7A(1) of the Criminal Injuries Compensation Act 1995 (recovery of compensation from offenders: general);]
(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.
Textual Amendments
F1Sch. 1 para. 1(a)(iii)(iv) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 33(5)(a), Sch. 13 Pt. 1 (with ss. 34, 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in Sch. 1 para. 1(a)(vii) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 5(3)(a) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
F3Sch. 1 para. 1(aa) inserted (12.4.2001) by 2001 asp 5, s. 4(a) (with ss. 9, 11(2))
F4Sch. 1 para. 1(aa) inserted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 12(a), 71, 77(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F5Sch. 1 para. 1(ab) inserted (4.4.2003 except for the insertion of Sch. 1 para. 1(ab)(ii), 28.11.2004 in so far as not already in force) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 88(a), 122(1), 129(2), 129(3) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
F6Sch. 1 para. 1(ac) inserted (28.11.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 15(a), 34(2) (with s. 33); S.S.I. 2004/487, art. 2(1)(c)
F7Sch. 1 para. 1(ad)(ae) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(6) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F8Sch. 1 para. 1(aca) inserted (28.11.2013) by Long Leases (Scotland) Act 2012 (asp 9), ss. 60(a), 83(2)(3); S.S.I. 2013/322, art. 2(e)
F9Sch. 1 para. 1(af) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 7
F10Sch. 1 para. 1(ba) inserted (22.10.2018) by Social Security (Scotland) Act 2018 (asp 9), ss. 66(2), 99(2); S.S.I. 2018/298, reg. 2(1)(k) (with reg. 3(2))
F11Sch. 1 para. 1(dd) inserted (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 20(4), 24(1)