The Bill affects creditors (those holding rights) and debtors (those under an obligation).
This is a Government bill
The Bill became an Act on 18 December 2018
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill affects creditors (those holding rights) and debtors (those under an obligation).
The Bill makes changes to the law on negative prescription. This is to make it clearer and easier to understand. Negative prescription sets time-limits for when obligations and rights stop. For example these might be obligations under a loan contract.
The Bill updates the law about the time limits of when rights can be exercised and obligations enforced. It changes the law about 5 year and 20 year negative prescription. After these time periods have passed, a person cannot pursue their case.
Scottish Law Commission reported on Prescription, published in 2017. Prescription lets the person exercise their right or enforce obligations about a contract.
The Law Commission review followed the case of Morrison v ICL Plastics where the pursuers could not continue the case. This was because it had been more than 5 years since the incident took place.
If there is a long delay in bringing actions:
For legal certainty a cut-off is needed. Individuals can then organise their affairs and resources without an indefinite obligation. This also means that they can't exercise their rights after this time.
Prescription (Scotland) Bill as Introduced (313KB, pdf) posted 08 February 2018
Explanatory Notes (214KB, pdf) posted 08 February 2018
Policy Memorandum (498KB, pdf) posted 08 February 2018
Financial Memorandum (136KB, pdf) posted 08 February 2018
Delegated Powers Memorandum (100KB, pdf) posted 08 February 2018
Statements on legislative competence (68KB, pdf) posted 08 February 2018
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Prescription (Scotland) Bill SPICe briefing
The Bill was introduced on 8 February 2018
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Delegated Powers and Law Reform Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
A Stage 1 debate took place on 27 June 2018 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 27 June 2018
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 25 September 2018:
First Marshalled List of Amendments for Stage 2 (141KB, pdf) posted 23 September 2018
First Groupings of Amendments for Stage 2 (162KB, pdf) posted 23 September 2018
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (221KB, pdf) posted 27 September 2019
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 25 September 2018
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting on 8 November 2018:
First Marshalled List of Amendments for Stage 3 (138KB, pdf) posted 06 November 2018
First Groupings of Amendments for Stage 3 (202KB, pdf) posted 06 November 2018
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 111 for, 0 against, 0 abstained, 18 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 8 November 2018
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
This Bill was passed on 8 November 2018 and became an Act on 18 December 2018.