The Limitation Amendment (Northern Ireland) Order 1982

Statutory Instruments

1982 No. 339 (N.I. 7)

The Limitation Amendment (Northern Ireland) Order 1982

10th March 1982

Introductory N.I.

Title, commencement and citation N.I.

1.—(1) This Order may be cited as the Limitation Amendment (Northern Ireland) Order 1982.

Paras. (2)‐(4) rep. by 1989 NI 11

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Para. (2) rep. by 1989 NI 11

F1 1954 c. 33 (N.I.).

Arts. 3‐13 rep. by 1989 NI 11

Miscellaneous and supplementary N.I.

Limitation is case of claim for compensation out of Insurance Fund in Land Registry N.I.

14.—(1) In Schedule 9 to the Land Registration Act (Northern Ireland) 1970F2 in paragraph 4 (claim for compensation to be made within six years from the time when the right to compensation accrued) for sub-paragraph (2) there shall be substituted the following sub-paragraphs—

“(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 a 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 a 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, a 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;

(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) and (d) to have discovered an error or omission on the date on which that other person discovered or could with reasonable diligence have discovered it.” .

(2) This Article applies to any claim for compensation made under the said Schedule 9 after the coming into operation of this Article, and applies notwithstanding that a similar claim was not or could not have been entertained under that Schedule before that date.

F2 1970 c. 18 (N.I.).

Art. 15 rep. by 1989 NI 11

N.I.

Schedule 1—Amendments

N.I.

Schedule 2—Repeals