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PE1860: New legislation for Prescription and Limitation Act

Petition summary

Calling on the Scottish Parliament to urge the Scottish Government to amend the Prescription and Limitation Act to allow retrospective claims to be made.

Petitioner: Jennifer Morrison Holdham

Status: Closed

Date published: 03 March 2021

Click here for the full petition


Citizen Participation and Public Petitions Committee Consideration

SPICe Briefing

Committee meetings

1 September 2021: The Committee agreed to write to the Scottish Government.

Official Report of Meeting 1 September 2021

17 November 2021: The Committee agreed to write to the Scottish Government. 

Official Report of Meeting 17 November 2021

2 February 2022: The Committee agreed to write to the Minister for Community Safety.

Official Report of Meeting 2 February 2022

18 May 2022: The Committee agreed to write to the Scottish Government.

Official Report of Meeting 18 May 2022

29 June 2022: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that, while the Scottish Government has undertaken to keep this area of law under review, the existing legislation already allows the courts to override the principal limitation time limits where it is persuaded that it is equitable to do so. In addition, the Scottish Government has no plans to collect and evaluate information on the use of judicial discretion under section 19A of the Prescription and Limitation (Scotland) Act 1973. 

Official Report of Meeting 29 June 2022

Written submissions

PE1860/E: Minister for Community Safety submission of 11 March 2022 

PE1860/F: Scottish Government submission of 19 April 2022 

PE1860/G: Minister for Community Safety submission of 16 June 2022