Limitation (Childhood Abuse) (Scotland) Act 2017

Document Number:2017 asp 3
 
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The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22 nd June 2017 and received Royal Assent on 28 th July 2017

An Act of the Scottish Parliament to remove the limitation period for actions of damages in respect of personal injuries resulting from childhood abuse.

1 Removal of 3 year limitation period in certain actions

After section 17 of the Prescription and Limitation (Scotland) Act 1973 insert—

“17 AActions in respect of personal injuries resulting from childhood abuse

(1) The time limit in section 17 does not apply to an action of damages if—

(a) the damages claimed consist of damages in respect of personal injuries,

(b) the person who sustained the injuries was a child on the date the act or omission to which the injuries were attributable occurred or, where the act or omission was a continuing one, the date the act or omission began,

(c) the act or omission to which the injuries were attributable constitutes abuse of the person who sustained the injuries, and

(d) the action is brought by the person who sustained the injuries.

(2) In this section—

“abuse” includes sexual abuse, physical abuse, emotional abuse and abuse which takes the form of neglect,

“child” means an individual under the age of 18.

17 BChildhood abuse actions: previously accrued rights of action

Section 17 A has effect as regards a right of action accruing before the commencement of section 17 A.

17 CChildhood abuse actions: previously litigated rights of action

(1) This section applies where a right of action in respect of relevant personal injuries has been disposed of in the circumstances described in subsection (2).

(2) The circumstances are that—

(a) prior to the commencement of section 17 A, an action of damages was brought in respect of the right of action (“the initial action”) , and

(b) the initial action was disposed of by the court—

(i) by reason of section 17 , or

(ii) in accordance with a relevant settlement.

(3) A person may bring an action of damages in respect of the right of action despite the initial action previously having been disposed of (including by way of decree of absolvitor).

(4) In this section—

(a) personal injuries are “relevant personal injuries” if they were sustained in the circumstances described in paragraphs (b) and (c) of section 17 A(1) ,

(b) a settlement is a “relevant settlement” if—

(i) it was agreed by the parties to the initial action,

(ii) the pursuer entered into it under the reasonable belief...

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