[19AA Restriction of court's power to override time-limits: overseas armed forces actions]
Prescription and Limitation (Scotland) Act 1973 (1973 c 52) | Legislation

[19AA  Restriction of court's power to override time-limits: overseas armed forces actions]

[(1)     This section applies where the court is considering whether to exercise its power under section 19A to override time-limits in respect of an overseas armed forces action (see subsection (11)).

(2)     The court must exercise its power—

(a)     in accordance with subsection (3), and

(b)     subject to the rules in subsections (5) to (7).

(3)     The court must have particular regard to—

(a)     the effect of the delay in bringing the action on the cogency of evidence adduced or likely to be adduced by the parties, with particular reference to—

(i)     the likely impact of the operational context on the ability of members of Her Majesty's forces to remember relevant events or actions fully or accurately, and

(ii)     the extent of dependence on the memories of members of Her Majesty's forces, taking into account the effect of the operational context on their ability to record, or to retain records of, relevant events or actions; and

(b)     the likely impact of the action on the mental health of any witness or potential witness who is a member of Her Majesty's forces.

(4)     In subsection (3)(a) references

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