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The Limitation (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Interpretation (Part IV)

46.  In this Part—

(a)“debt” includes any liquidated pecuniary claim;

“statute-barred debt” means a debt in respect of which the time limit fixed by this Order for the bringing of an action to recover it has expired; “successor” means—

(i)as respects a mortgagee, his personal representatives and any other person on whom the rights under the mortgage devolve, whether—

(A)on death or bankruptcy;

(B)on the disposition of the property; or

(C)on the determination of a limited estate or interest in settled property;

or otherwise;

(ii)as respects a person liable in respect of a debt, his personal representatives and any other person on whom the liability in respect of the debt devolves, whether—

(A)on death or bankruptcy;

(B)on the disposition of the property; or

(C)on the determination of a limited estate or interest in settled property;

or otherwise;

(b)references to a right of action include—

(i)a cause of action;

(ii)a right to receive money secured by a mortgage or charge on any property or to receive proceeds of the sale of land;

(iii)a right to receive a share or interest in the personal estate of a deceased person;

(c)references to the date of the accrual of a right of action refer—

(i)as respects an action upon a judgment, to the date on which the judgment became enforceable;

(ii)as respects an action to recover arrears of a rentcharge, a conventional rent, or interest or damages in respect thereof, to the date on which the arrears became due;

(d)references to a person in possession of land include—

(i)as respects a rentcharge, a person who is in possession of the land charged, but does not pay the rentcharge; and

(ii)as respects land (including a rentcharge) held under a lease in writing reserving a yearly conventional rent of not less than £1, a person who, wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, is in receipt of the conventional rent;

(e)references to a debt refer—

(i)as respects a rentcharge or a conventional rent, to a gale of the rentcharge or of the conventional rent;

(ii)as respects interest, to an instalment of the interest;

(f)references to a mortgagee who is by virtue of the mortgage in possession of any mortgaged land include references to a mortgagee who has obtained possession of the mortgaged land by virtue of an order of a court.

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