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Law Reform (Miscellaneous Provisions) Act 1971

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This is the original version (as it was originally enacted).

PART ILimitation of Actions

1Extension of time-limits under ss. 1 and 8 of Act of 1963.

(1)In the following provisions of the [1963 c. 47.] Limitation Act 1963, that is to say—

(a)section 1(3) (which enables certain actions that would otherwise be statute-barred to be brought if the plaintiff was ignorant of the relevant facts until a date which was not earlier than twelve months before the action was brought); and

(b)section 8(3) (which makes corresponding provision for Scotland),

for the words from " until a date which " to the end there shall be substituted the words " until a date which was not earlier than three years before the date on which the action was brought ".

(2)Sections 7(2) and 13(2) of the said Act of 1963 (which become unnecessary in consequence of subsection (1) of this section) are hereby repealed.

2Extension of time-limits for certain actions brought after death of injured person.

(1)For section 3 of the [1963 c. 47.] Limitation Act 1963 (under which the extended time-limit provided by section 1 of that Act is not available for actions brought by virtue of the [1934 c. 41.] Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Acts more than twelve months after the death of the injured person) there shall be substituted the sections set out in Part I of Schedule 1 to this Act.

(2)In section 7(4) of the said Act of 1963 after the words " section 2(1) of the [1939 c. 21.] Limitation Act 1939 " there shall be inserted the words " or so much of section 3 of the [1846 c. 93.] Fatal Accidents Act 1846 as requires actions under that Act to be commenced within three years after the death of the deceased ".

(3)In section 8 of the said Act of 1963 (extension of time-limit for certain actions in Scotland), at the end of subsection (2) there shall be added the words " not being an action to which section 9 of this Act applies "; and for section 9 of the said Act of 1963 (actions in Scotland in respect of death of injured person) there shall be substituted the section set out in Part II of Schedule 1 to this Act.

3Transitional provisions.

Schedule 2 to this Act shall have effect as respects the application of this Part of this Act in relation to causes and rights of action which accrued before the commencement of this Act.

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