Limitation Amendment Act 1980
After section 2 of the Limitation Act 1939 (referred to below in this Act as " the principal Act") there shall be inserted the following section—.
After section 3 of the principal Act (limitation in case of successive conversions and extinction of title of owner of converted goods) there shall be inserted the following section—
Subsection (1) of section 9 of the principal Act (special rule for accrual of the right of action in respect of the reversion on a tenancy at will) shall cease to have effect
In subsection (3) of that section (accrual of right of action where rent is received by a person wrongfully claiming to be entitled to the land in reversion), for the words " twenty shillings " there shall be substituted the words " ten pounds a year ".
Subsection (2) above shall not affect the operation of section 9(3) in any case where the lease in question was granted before the commencement of this Act.
For subsection (4) of that section there shall be substituted the following subsection—.
The following subsection shall be added at the end of section 10 of the principal Act (right of action not to accrue or continue unless there is adverse possession)—
After subsection (1) of section 19 of the principal Act (limitation of actions in respect of trust property) there shall be inserted the following subsection—
In sections 7(1) and 20 of that Act, for the words " subsection (1)" there shall be substituted the words " subsections (1) and (1A) ".
The following subsection shall be added at the end of section 23 of the principal Act (fresh accrual of action on acknowledgement or part payment)—
In subsection (4) of that section the words " the last" (which are redundant in view of the provision made by subsection (1) above) shall be omitted.
In section 25 of that Act, the provisos to subsections (5) and (6) (which respectively limit the effect of an acknowledgement or payment made after the expiration of the period of limitation prescribed for the bringing of an action to recover a debt or other liquidated pecuniary claim) shall cease to have effect.
In section 33(a) of that Act (actions already barred) the words from " except" to " Act" shall cease to have effect.
Nothing in this section (or in the corresponding repeals made by this Act) shall affect the operation of the principal Act in relation to any acknowledgement or payment made before the commencement of this Act.
For section 26 of the principal Act there shall be substituted the following section—
For section 28 of the principal Act (provisions as to set-off or counterclaim) there shall be substituted the following section—.
Subject to section 32 of the principal Act (saving for other limitation enactments), that Act shall apply to any cause of action within the Admiralty jurisdiction of the High Court as it applies to any other cause of action.
Sections 2(6) and 18(6) of that Act (which respectively exclude the application of section 2(1) to certain causes of action within the Admiralty jurisdiction of the High Court and exclude the application of section 18 to a mortgage or charge on a ship) shall cease to have effect.
After section 21 of the Administration of Estates Act 1925 (rights and liabilities of administrator) there shall be inserted the following section—
Without prejudice to the application of section 30 of the principal Act in relation to any provision inserted in that Act by any of the preceding provisions of this Act, that section shall apply for the purposes of this Act as it applies for the purposes of the principal Act.
Nothing in any provision of this Act shall—
enable any action to be brought which was barred by the principal Act before that provision comes into force; or
affect any action or arbitration commenced before that provision comes into force or the title to any property which is the subject of any such action or arbitration.
Subject to subsection (1) above and sections 3(3) and 6(5) of this Act, the provisions of this Act shall have effect in relation to causes of action accruing and things taking place before, as well as in relation to causes of action accruing and things taking place after, those provisions respectively come into force.
In this section " action " has the same meaning as in the principal Act.
The principal Act shall have effect subject to the amendments specified in Schedule 1 to this Act, being amendments consequential on the provisions of this Act and amendments to facilitate consolidation of the Limitation Acts 1939 to 1975 and this Act.
The provisions of the principal Act specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Limitation Amendment Act 1980.
This Act and the Limitation Acts 1939 to 1975 may be cited together as the Limitation Acts 1939 to 1980.
This Act, except section 8, shall come into force at the end of the period of three months beginning with the date on which it is passed; and any reference in any provision of this Act to the commencement of this Act is a reference to the date on which that provision comes into force.
Section 8 of this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different purposes of that section (including its application in relation to different courts or proceedings).
This Act does not extend to Scotland or to Northern Ireland.
Any reference below in this Schedule to a numbered section is a reference to the section of that number in the principal Act.
In section 2—
subsection (1)(b) shall be omitted ;
in subsection (1)(d), the words from " other than " to the end shall be omitted;
subsection (2) shall be omitted ;
in subsection (4), for the word " twelve" there shall be substituted the word " six "; and
subsection (5) shall be omitted.
In section 2A—
in subsection (4) (b), for the words from " (if later " to the end there shall be substituted the words " of knowledge (if later) of the person injured ";
in subsection (7), for the words from " this " to " plaintiff " there shall be substituted the words " subsection (6) above an injury is significant if the person whose date of knowledge is in question "; and
in subsection (8), for the words " the said sections" there shall be substituted the words " subsection (6) above ".
In section 2B—
in subsection (4), for the words " and section 2A" there shall be substituted the words " (whether passed before or after the passing of this Act), and sections 2 and 2A "; and
in subsection (5), for the words from " section" to " applies " there shall be substituted the words " sections 22 and 28 of this Act apply ".
In section 3—
the words " or wrongful detention" and the words " or detention " shall be omitted wherever they occur in subsection (1); and
in subsection (2), the words from " and for " to " aforesaid " shall be omitted.
Section 13 shall cease to have effect.
In section 17, the words " or dower " shall be omitted.
After section 20 there shall be inserted the following section—
In section 25—
in subsection (2) after the word " or " in the first place where it occurs there shall be inserted the words " any other person liable for the debt or by "; and
in subsection (4), for the words " right to" there shall be substituted the words " equity of ".
In section 27—
in subsection (1), after the word " actions" there shall be inserted the words " (whether passed before or after the passing of this Act) "; and
in subsection (5), after the word " arbitration " in the second place where it occurs there shall be inserted the word " agreement ".
In the proviso to section 30(1), for the words from " Customs Acts" to "excise " there shall be substituted the words " customs and excise Acts (within the meaning of the Customs and Excise Management Act 1979) ".
In section 31(1)—
in the definition of " land " the words from " (except" to " sole)" shall be omitted ; and
in the definition of " rentcharge" the words from " a modus " to " sole or " shall be omitted.
In section 31(3) for the words from "but" to "presumed" there shall be substituted the words " a person is of unsound mind if he is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1959, is incapable of managing and administering his property and affairs ; and, without prejudice to the generality of the foregoing provision, a person shall be conclusively presumed for the purposes of that subsection ".
In section 31(7)—
paragraph (a) shall be omitted ; and
in paragraph (c), the word "dower" shall be omitted in both places where it occurs.
In section 32 the references to any other enactment shall be construed as references to any other enactment, whether passed before or after the passing of the principal Act (or this Act).
Section 13(2). Chapter Short Title Extent of Repeal 2 & 3 Geo. 6. c. 21. The Limitation Act 1939. In section 2, subsections (1)(b), (2), (5) and (6) and in subsection (1)(d) the words from " other than " to the end. In section 3, the words " or wrongful detention " and " or detention" wherever they occur in subsection (1), and in subsection (2) the words from " and for " to " aforesaid ". Section 9(1). Section 13. In section 17, the words " or dower". Section 18(6). In section 22, paragraph (e) of the proviso. In section 23(4), the words " the last". In section 25, the provisos to subsections (5) and (6). In section 31(1), the words from " (except" to " sole) " in the definition of " land " and the words from " a modus " to " sole or " in the definition of " rentcharge ". In section 31(7), paragraph (a), and in paragraph (c), the word "dower" in both places where it occurs. In section 33(a), the words, from " except" to " Act".