4(1)Subject to [F1 sub-paragraph (2) and paragraph 4A], a claim for compensation shall not be entertained after the expiration of six years from the time when the right to compensation accrued unless—N.I.
(a)on the expiration of that period, the claimant was under any legal disability; and
(b)the claim is made within two years from the termination of the disability.
[F2(2)For the purposes of sub-paragraph (1), a right to compensation shall be deemed to accrue—
(a)where the right to compensation arises from the rectification of[F3 the register] pursuant to section 69 and the claim, or part thereof, is made by virtue of paragraph 5, on the date on which the claimant discovers the error or omission or could with reasonable diligence have discovered it;
(b)in any other case where the right to compensation arises from the rectification of[F3 the register] pursuant to section 69, on the date on which the order for rectification is made under that section;
(c)where the right to compensation arises from an error in, or omission from[F3 the register] which is not rectified pursuant to section 69, on the date on which the claimant discovers the error or omission or could with reasonable diligence have discovered it;
[F3(cc)where the right to compensation arises from the loss or destruction of a document or an error in, or omission from, a filed copy of, or an error in a filed extract from, a document referred to in the title register, on the date on which the claimant discovers the loss, destruction, error or omission or could with reasonable diligence have discovered it.]
(d)in regard to an error in a certificate referred to in paragraph 1(1)(c) or in a certified copy or extract referred to in paragraph 1(1)(d) on the date on which the claimant discovers the error or could with reasonable diligence have discovered it.
(3)A person deriving title (otherwise than for valuable consideration and in good faith) from another shall be deemed for the purposes of sub-paragraph (2)(a) (c)[F3, (cc)] and (d) to have discovered an[F3 error, omission, loss or destruction] on the date on which that other person discoverd or could with reasonable diligence have discovered it.]
F1Words in Sch. 9 para. 4(1) substituted (18.4.2011) by Cross-Border Mediation Regulations (Northern Ireland) 2011 (S.R. 2011/157), reg. 4(2) (with reg. 1(2))