Prescription (Scotland) Bill [AS INTRODUCED] An Act of the Scottish Parliament to amend the law relating to the extinction of rights and obligations by the passage of time. 5-year negative prescription 1 Obligations to pay damages and delictual obligations 5 (1) The Prescription and Limitation (Scotland) Act 1973 (“the 1973 Act”) is amended as follows. (2) In schedule 1 (obligations affected by prescriptive periods of five years under section 6), in paragraph 1, for sub-paragraph (d) substitute— “(d) to any obligation to pay damages (whatever the source of the obligation); 10 (da) to any obligation arising from delict, not being an obligation falling within any other provision of this paragraph;”. (3) In section 11 (obligations to make reparation)— (a) in subsection (1), for the words from “(whether” to “reparation” substitute “to pay damages (whatever the source of the obligation)”, 15 (b) the section title becomes “Obligations to pay damages”. 2 Obligations related to contract (1) Schedule 1 (obligations affected by prescriptive periods of five years under section 6) of the 1973 Act is amended as follows. (2) In paragraph 1, after sub-paragraph (f) insert— 20 “(fa) to any obligation relating to the validity of a contract, not being an obligation falling within any other provision of this paragraph; (fb) to any obligation to reimburse expenditure incurred in reliance on a representation about the existence of a contract;”. 3 Statutory obligations 25 (1) Schedule 1 (obligations affected by prescriptive periods of five years under section 6) of the 1973 Act is amended as follows.