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The Limitation (Amendment) (Northern Ireland) Order 1987

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Provisions consequential on Article 3

4.—(1) The following section shall be inserted in the 1958 Act immediately after section 50—

Extension for cases where the limitation period is the period under section 9E(3)(b).

50A.(1) Subject to subsection (2), if in the case of any action for which a period of limitation is prescribed by section 9E—

(a)the period applicable in accordance with subsection (3) of that section is the period mentioned in paragraph (b) of that subsection;

(b)on the date which is for the purposes of that section the starting date for reckoning that period the person by reference to whose knowledge that date fell to be determined under subsection (4) of that section was under a disability; and

(c)section 50 does not apply to the action; the action may be brought at any time before the expiration of three years from the date when he ceased to be under a disability or died (whichever first occurred) notwithstanding that the period mentioned above has expired.

(2) An action may not be brought by virtue of subsection (1) after the end of the period of limitation prescribed by section 9F..

(2) In section 70 of the 1958 Act (postponement of limitation period in case of fraud, concealment or mistake), at the end there shall be added the following subsection—

(6) Sections 9E and 9F shall not apply to any action to which subsection (1)(b) applies (and accordingly the period of limitation referred to in that subsection, in any case to which either of those sections would otherwise apply, is the period applicable under section 9(1))..

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