Prescription (Scotland) Act 2018 commencement regulations: consultation

Annex C List of consultation questions

Question 1

We have identified three potential issues that may benefit from transitional or saving provision when the 2018 Act is commenced. These are ‘overnight prescription’, ‘retrospective prescription’ and ‘revived obligations’. Are there any other issues that you consider may benefit from transitional or saving provisions?

Yes/No

Please explain your answer.

Question 2

The 1973 Act allowed those affected by the incoming regime a period of 3 years to arrange their affairs. Do you agree that 3 years is a sufficient length of time to ensure that creditors/debtors have the necessary time to arrange their affairs accordingly? If not, what period of notice would you suggest and what are your reasons for this suggestion?

Yes/No

Please explain your answer.

Question 3

Do you consider the savings provision proposed is sufficient to ensure that obligations which have prescribed under the 1973 Act as it stands prior to amendment by the 2018 Act will not be revived? Do you consider any further provision is required?

Yes/No

Pleasemexplain your answer.

Question 4

Do you consider the transitional provision proposed to prevent the amendments made by the 2018 Act from providing for a date of prescription which pre-dates the coming into force of the 2018 Act are sufficient? Do you consider any further provision is required?

Yes/No

Please explain your answer.

Question 5

Do you agree that the manner in which the Scottish Government proposes to commence the 2018 Act address the potential issues highlighted in this consultation?

Yes/No

Please explain your answer.

Question 6

Are there any effects of the commencement provision proposed that are not anticipated and addressed in this consultation?

Yes/No

Please explain your answer.