Prescription (Scotland) Bill 3 (2) In subsection (4), for “was induced to refrain from making” substitute “failed to make”. (3) After subsection (4) insert— “(4A) For the purposes of subsection (4)(a), it does not matter whether the debtor, or the person acting on the debtor’s behalf, intended the fraud or the words or 5 conduct to cause the creditor to fail to make a relevant claim.”. 5 Start point of prescriptive period for obligations to pay damages (1) Section 11 (obligations to make reparation) of the 1973 Act is amended as follows. (2) In subsection (1), for “act, neglect or default” substitute “act or omission”. (3) In subsection (2), for “act, neglect or default”, in each place those words appear 10 substitute “act or omission”. (4) In subsection (3), for the words “that loss, injury or damage caused as aforesaid had occurred” substitute “of each of the facts mentioned in subsection (3A)”. (5) After subsection (3) insert— “(3A) The facts referred to in subsection (3) are— 15 (a) that loss, injury or damage has occurred, (b) that the loss, injury or damage was caused by a person’s act or omission, and (c) the identity of that person. (3B) It does not matter for the purposes of subsections (3) and (3A) whether the 20 creditor is aware that the act or omission that caused the loss, injury or damage is actionable in law.”. 20-year negative prescription 6 Obligations: 20-year prescriptive period and extension (1) The 1973 Act is amended as follows. 25 (2) In section 7 (extinction of obligations by prescriptive periods of twenty years)— (a) for subsection (1) substitute— “(1) An obligation to which this section applies is extinguished on the expiry of the continuous period of 20 years after the date...