Decisione N.1210 del Consiglio permanente
Ss. 1-3 repealed by (S.) Prescription and Limitation (Scotland) Act 1973 (c. 52), Sch. 5 Pt. II and (E.W.) Limitation Act 1975 (c. 54), Sch. 2 S. 4 repealed by Fatal Accidents Act 1976 (c.30),Sch.2 S.5 repealed by Fatal Accidents Act 1976 (c. 30), Sch. 2 but not so as to affect a right to make an application under s. 5(2) Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Sch. I Pt. I repealed by Limitation Act 1975 (C. 54), Sch. 2 Sch. I Pt. II repealed by Prescription and Limitation (Scotland) Act 1973 (c. 52), Sch. 5 Pt.II Sch. 2 repealed by (S.) Prescription and Limitation (Scotland)Act 1973 (c. 52), Sch. 5 Pt II and (E.W.) Limitation Act 1975 (c. 54),Sch. 2 The “said section 19” means Administration of Justice Act 1965 (c. 2), s. 19 An Act to extend in certain cases the time limit for bringing legal proceedings where damages are claimed which consist of or include damages for personal injuries or in respect of a person’s death, and to amend accordingly the Limitation Act 1963; to provide that in assessing damages for widows in actions arising from the death of their husbands, remarriage and prospects of remarriage shall be left out of account; to repeal section 19 of the Administration of Justice Act 1965; and for purposes connected therewith.
In the following provisions of the Limitation Act 1963, that is to say— for the words from " until a date which " to the end there shall be substituted the words " until a date which was not earlier than three years before the date on which the action was brought ".
section 1(3) (which enables certain actions that would otherwise be statute-barred to be brought if the plaintiff was ignorant of the relevant facts until a date which was not earlier than twelve months before the action was brought); and
section 8(3) (which makes corresponding provision for Scotland),
Sections 7(2) and 13(2) of the said Act of 1963 (which become unnecessary in consequence of subsection (1) of this section) are hereby repealed.
For section 3 of the Limitation Act 1963 (under which the extended time-limit provided by section 1 of that Act is not available for actions brought by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Acts more than twelve months after the death of the injured person) there shall be substituted the sections set out in Part I of Schedule 1 to this Act.
In section 7(4) of the said Act of 1963 after the words " section 2(1) of the Limitation Act 1939 " there shall be inserted the words " or so much of section 3 of the Fatal Accidents Act 1846 as requires actions under that Act to be commenced within three years after the death of the deceased ".
In section 8 of the said Act of 1963 (extension of time-limit for certain actions in Scotland), at the end of subsection (2) there shall be added the words " not being an action to which section 9 of this Act applies "; and for section 9 of the said Act of 1963 (actions in Scotland in respect of death of injured person) there shall be substituted the section set out in Part II of Schedule 1 to this Act.
Schedule 2 to this Act shall have effect as respects the application of this Part of this Act in relation to causes and rights of action which accrued before the commencement of this Act.
In assessing damages payable to a widow in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 there shall not be taken into account the remarriage of the widow or her prospects of remarriage.
In the application of subsection (1) of this section to Scotland, for the words " in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 " there shall be substituted the words " in any action in respect of which the right of action accrued on the death of her husband in consequence of personal injuries (as denned in section 6 of the Law Reform (Limitation of Actions, &c.) Act 1954) sustained by him ".
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Any money which by virtue of the said section 19 is in court at the commencement of this Act shall, if the person entitled thereto is not under disability and makes an application in that behalf to the court, be paid out to that person.]
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This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1971.
This Act shall come into operation at the expiration of the period of one month beginning with the date on which it is passed. (3) . . . this Act does not extend to Northern Ireland.
Except for section 5(3) this Act does not extend to Northern Ireland.
Subject to the provisions of this Schedule, Part I of this Act shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue after, the commencement of this Act, and shall have effect in relation to any cause of action which accrued before the commencement of this Act notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Act.
In the application of section 2 of the Limitation Act 1963 to an action which is pending at the commencement of this Act, subsection (3) of that section shall have effect with the omission of the words from " and it also appears " to the end.
In their application to an action which is pending at the commencement of this Act—
section 3 of the said Act of 1963 as set out in Schedule 1 to this Act shall have effect with the omission in subsection (3)(a) of the words "before the commencement of the action " ;
section 3A of that Act as set out in that Schedule shall have effect—
with the omission in subsection (1) of the words " for the purposes of subsection (2) of that section " and in subsection (3) of the words from " and it also appears " to the end ; and
as if subsection (3) applied (subject to the necessary modifications) to an application made for the purposes of subsection (3) of the said section 3 as well as to an application made for the purposes of subsection (2) of that section.
For the purposes of this Schedule an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired ; and accordingly sections 1 and 2 of this Act shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commencement of this Act.
In the application of this Schedule to Scotland, paragraphs 2 and 3 do not apply, and for any reference to a cause of action mere shall be substituted a reference to a right of action, and for any reference to an order or judgment being made or given there shall be substituted a reference to an order or decree being made or pronounced.
Ss. 1-3 repealed by (S.) Prescription and Limitation (Scotland) Act 1973 (c. 52), Sch. 5 Pt. II and (E.W.) Limitation Act 1975 (c. 54), Sch. 2 S. 4 repealed by Fatal Accidents Act 1976 (c.30),Sch.2 S.5 repealed by Fatal Accidents Act 1976 (c. 30), Sch. 2 but not so as to affect a right to make an application under s. 5(2) Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Sch. I Pt. I repealed by Limitation Act 1975 (C. 54), Sch. 2 Sch. I Pt. II repealed by Prescription and Limitation (Scotland) Act 1973 (c. 52), Sch. 5 Pt.II Sch. 2 repealed by (S.) Prescription and Limitation (Scotland)Act 1973 (c. 52), Sch. 5 Pt II and (E.W.) Limitation Act 1975 (c. 54),Sch. 2 The “said section 19” means Administration of Justice Act 1965 (c. 2), s. 19 An Act to extend in certain cases the time limit for bringing legal proceedings where damages are claimed which consist of or include damages for personal injuries or in respect of a person’s death, and to amend accordingly the Limitation Act 1963; to provide that in assessing damages for widows in actions arising from the death of their husbands, remarriage and prospects of remarriage shall be left out of account; to repeal section 19 of the Administration of Justice Act 1965; and for purposes connected therewith.
In the following provisions of the Limitation Act 1963, that is to say— for the words from " until a date which " to the end there shall be substituted the words " until a date which was not earlier than three years before the date on which the action was brought ".
section 1(3) (which enables certain actions that would otherwise be statute-barred to be brought if the plaintiff was ignorant of the relevant facts until a date which was not earlier than twelve months before the action was brought); and
section 8(3) (which makes corresponding provision for Scotland),
Sections 7(2) and 13(2) of the said Act of 1963 (which become unnecessary in consequence of subsection (1) of this section) are hereby repealed.
For section 3 of the Limitation Act 1963 (under which the extended time-limit provided by section 1 of that Act is not available for actions brought by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Acts more than twelve months after the death of the injured person) there shall be substituted the sections set out in Part I of Schedule 1 to this Act.
In section 7(4) of the said Act of 1963 after the words " section 2(1) of the Limitation Act 1939 " there shall be inserted the words " or so much of section 3 of the Fatal Accidents Act 1846 as requires actions under that Act to be commenced within three years after the death of the deceased ".
In section 8 of the said Act of 1963 (extension of time-limit for certain actions in Scotland), at the end of subsection (2) there shall be added the words " not being an action to which section 9 of this Act applies "; and for section 9 of the said Act of 1963 (actions in Scotland in respect of death of injured person) there shall be substituted the section set out in Part II of Schedule 1 to this Act.
Schedule 2 to this Act shall have effect as respects the application of this Part of this Act in relation to causes and rights of action which accrued before the commencement of this Act.
In assessing damages payable to a widow in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 there shall not be taken into account the remarriage of the widow or her prospects of remarriage.
In the application of subsection (1) of this section to Scotland, for the words " in respect of the death of her husband in any action under the Fatal Accidents Acts 1846 to 1959 " there shall be substituted the words " in any action in respect of which the right of action accrued on the death of her husband in consequence of personal injuries (as denned in section 6 of the Law Reform (Limitation of Actions, &c.) Act 1954) sustained by him ".
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Any money which by virtue of the said section 19 is in court at the commencement of this Act shall, if the person entitled thereto is not under disability and makes an application in that behalf to the court, be paid out to that person.]
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This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1971.
This Act shall come into operation at the expiration of the period of one month beginning with the date on which it is passed. (3) . . . this Act does not extend to Northern Ireland.
Except for section 5(3) this Act does not extend to Northern Ireland.
Subject to the provisions of this Schedule, Part I of this Act shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue after, the commencement of this Act, and shall have effect in relation to any cause of action which accrued before the commencement of this Act notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Act.
In the application of section 2 of the Limitation Act 1963 to an action which is pending at the commencement of this Act, subsection (3) of that section shall have effect with the omission of the words from " and it also appears " to the end.
In their application to an action which is pending at the commencement of this Act—
section 3 of the said Act of 1963 as set out in Schedule 1 to this Act shall have effect with the omission in subsection (3)(a) of the words "before the commencement of the action " ;
section 3A of that Act as set out in that Schedule shall have effect—
with the omission in subsection (1) of the words " for the purposes of subsection (2) of that section " and in subsection (3) of the words from " and it also appears " to the end ; and
as if subsection (3) applied (subject to the necessary modifications) to an application made for the purposes of subsection (3) of the said section 3 as well as to an application made for the purposes of subsection (2) of that section.
For the purposes of this Schedule an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired ; and accordingly sections 1 and 2 of this Act shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commencement of this Act.
In the application of this Schedule to Scotland, paragraphs 2 and 3 do not apply, and for any reference to a cause of action mere shall be substituted a reference to a right of action, and for any reference to an order or judgment being made or given there shall be substituted a reference to an order or decree being made or pronounced.