Part 3: General Schedule 3: Limitation periods: Scotland Part 1 – Court’s power to override time limits
Part 1 of Schedule 3 amends section 19A of the Prescription and Limitation (Scotland) Act 1973, which permits the court to override the normal time limit for bringing personal injury and/or death claims.
	Paragraph 1(3) inserts a new section 19AA, which restricts the power in section 19A in relation to overseas operations.
New section 19AA(2) makes the exercise of the discretionary power subject to new section 19AA(3) and 19AA(5) to 19AA(7).
New section 19AA(3) specifies the factors to which the court must have particular regard when deciding whether to disapply the normal time limit for bringing a claim for personal injury (including delictual protection of liberty i.e. false imprisonment) or death. These factors are intended to ensure that the court takes proper account of the operational context (as defined in new section 19AA(4)), and the likely impact of giving evidence on the mental health of the Service personnel or veterans involved.
New sections (19AA)(5) and (19AA)(6) prohibit the court from allowing any claim to proceed if it has been commenced more than six years after the relevant date (as defined in section 19AA(13)). Section 19AA(7) prohibits the court from allowing a claim under section 18(4) of the Act to proceed unless the person died within six years of the relevant date (as defined in section 19AA(13)).
New sections 19AA(8) to (10) specify what should happen where periods of time have been disregarded, or where the Limitation (Enemies and War Prisoners) Act 1945 applies.
New sections 19AA(11) to (14) provide definitions of the terms used elsewhere in this section.