Section 9: †Definition of "relevant claim" for purposes of sections 6, 7 , 8 and 8A., Prescription and Limitation (Scotland) Act 1973

In sections 6 7 and 8A of this Act the expression "relevant claim", in relation to an obligation, means a claim made by or on behalf of the creditor for implement or part-implement of the obligation, being a claim made—

in appropriate proceedings, ...

by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section 46 or 122 of the Bankruptcy (Scotland) Act 2016 . . . ; ...

by a creditor to the trustee acting under a trust deed as defined in section 228(1) of the Bankruptcy (Scotland) Act 2016; ...

by the presentation of, or the concurring in, a petition for the winding up of a company or by the submission of a claim in a liquidation in accordance with rules made under section 411 of the Insolvency Act 1986;

by the appointment, or the submission of an application for the appointment, of a receiver under section 51 of the Insolvency Act 1986;

by the submission of an application for an administration order under paragraph 12 of Schedule B1 of the Insolvency Act 1986;

by the appointment of an administrator under paragraph 14 of Schedule B1 of the Insolvency Act 1986; or

by the submission of a claim in an administration under Part 2, or a receivership under Part 3, of the Insolvency Act 1986 in accordance with rules made under section 411 of that Act;

and for the purposes of the said sections 6 7 and 8A the execution by or on behalf of the creditor in an obligation of any form of diligence directed to the enforcement of the obligation shall be deemed to be a relevant claim in relation to the obligation.

In section 8 of this Act the expression "relevant claim", in relation to a right, means a claim made in appropriate proceedings by or on behalf of the creditor to establish the right or to contest any claim to a right inconsistent therewith.

Where a relevant claim is made in relation to an obligation to which section 6 or 8A applies, the claim is to be treated for the purposes of that section as being made continuously until the claim is finally disposed of.

Where a claim which, in accordance with the foregoing provisions of this section, is a relevant claim for the purposes of section 6, 7 8 or 8A of this Act is made in an arbitration, the date when the arbitration begins shall be taken for those purposes to be the date of the making of the claim.

In this section the expression "appropriate proceedings" and, in relation to an arbitration, the expression "the date when the arbitration begins" have the same meanings as in section 4 of this Act.

Section 9: †Definition of "relevant claim" for purposes of sections 6, 7 , 8 and 8A.

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