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Prescription and Limitation (Scotland) Act 1973
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- 1973 c. 52
- SCHEDULE 3
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Prescription and Limitation (Scotland) Act 1973, SCHEDULE 3 is up to date with all changes known to be in force on or before 07 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(4A) inserted by 2018 asp 15 s. 4(3)
- s. 7(3)-(5) inserted by 2018 asp 15 s. 6(2)(b)
- s. 7A inserted by 2018 asp 15 s. 9(2)
- s. 8(1A)-(1C) inserted by 2018 asp 15 s. 7(3)
- s. 9(1)(e)-(h) inserted by 2018 asp 15 s. 10(2)(b)
- s. 9(2A) inserted by 2018 asp 15 s. 11(2)
- s. 9A inserted by 2018 asp 15 s. 12
- s. 13A inserted by 2018 asp 15 s. 14(2)
- s. 22A(3)(d)-(g) inserted by 2018 asp 15 s. 10(3)(b)
- s. 22A(7A) inserted by 2018 asp 15 s. 14(3)
- s. 32(2) applied (with modifications) by 2021 asp 9 s. 69(8)
- Sch. 1 para. 1(fa)(fb) inserted by 2018 asp 15 s. 2(2)
- Sch. 1 para. 1(h) inserted by 2018 asp 15 s. 3(2)(b)
- Sch. 1 para. 2(fa)-(fd) inserted by 2018 asp 15 s. 3(3)(b)
- Sch. 1 para. 1(d)(da) substituted for Sch. 1 para. 1(d) by 2018 asp 15 s. 1(2)
- Sch. 1 para. 2(e)(ea) substituted for Sch. 1 para. 2(e) by 2018 asp 15 s. 3(3)(a)
SCHEDULE 3S Rights and Obligations which are Imprescriptible for the Purposes of Sections 7 and 8 and Schedule 1
The following are imprescriptible rights and obligations for the purposes of sections 7(2) and 8(2) of, and paragraph 2(h) of Schedule 1 to, this Act, namely—
(a)any real right of ownership in land;
(b)the right in land of the lessee under a recorded lease;
(c)any right exercisable as a res merae facultatis;
(d)any right to recover property extra commercium;
(e)any obligation of a trustee—
(i)to produce accounts of the trustee’s intromissions with any property of the trust;
(ii)to make reparation or restitution in respect of any fraudulent breach of trust to which the trustee was a party or was privy;
(iii)to make furthcoming to any person entitled thereto any trust property, or the proceeds of any such property, in the possession of the trustee, or to make good the value of any such property previously received by the trustee and appropriated to his own use;
(f)any obligation of a third party to make furthcoming to any person entitled thereto any trust property received by the third party otherwise than in good faith and in his possession;
(g)any right to recover stolen property from the person by whom it was stolen or from any person privy to the stealing thereof;
(h)any right to be served as heir to an ancestor or to take any steps necessary for making up or completing title to any [F1real right] in land.
[F2(i)any obligation of the Keeper of the Registers of Scotland to rectify an inaccuracy in the Land Register of Scotland]
Textual Amendments
F1Words in Sch. 3(h) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 paras. 5(4) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
F2Sch. 3(i) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 paras. 18(8) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
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