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Limitation Amendment Act 1980

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This is the original version (as it was originally enacted).

Miscellaneous and supplementary

10Debtor who becomes creditor's executor by representation or administrator to account for debt to estate

After section 21 of the Administration of Estates Act 1925 (rights and liabilities of administrator) there shall be inserted the following section— Debtor who becomes creditor's executor by representation or administrator to account for debt to estate. 21 A.—

(1)Subject to subsection (2) of this section, where a debtor becomes his deceased creditor's executor by representation or administrator—

(a)his debt shall thereupon be extinguished;

but

(b)he shall be accountable for the amount of the debt as part of the creditor's estate in any case where he would be so accountable if he had been appointed as an executor by the creditor's will.

(2)Subsection (1) of this section does not apply where the debtor's authority to act as executor or administrator is limited to part only of the creditor's estate which does not include the debt; and a debtor whose debt is extinguished by virtue of paragraph (a) shall not be accountable for its amount by virtue of paragraph (b) of that subsection in any case where the debt was barred by the Limitation Act 1939 before he became the creditor's executor or administrator.

(3)In this section 'debt' includes any liability, and ' debtor' and ' creditor' shall be construed accordingly.

11Application to the Crown

Without prejudice to the application of section 30 of the principal Act in relation to any provision inserted in that Act by any of the preceding provisions of this Act, that section shall apply for the purposes of this Act as it applies for the purposes of the principal Act.

12Transitional provisions

(1)Nothing in any provision of this Act shall—

(a)enable any action to be brought which was barred by the principal Act before that provision comes into force; or

(b)affect any action or arbitration commenced before that provision comes into force or the title to any property which is the subject of any such action or arbitration.

(2)Subject to subsection (1) above and sections 3(3) and 6(5) of this Act, the provisions of this Act shall have effect in relation to causes of action accruing and things taking place before, as well as in relation to causes of action accruing and things taking place after, those provisions respectively come into force.

(3)In this section " action " has the same meaning as in the principal Act.

13Amendments and repeals

(1)The principal Act shall have effect subject to the amendments specified in Schedule 1 to this Act, being amendments consequential on the provisions of this Act and amendments to facilitate consolidation of the Limitation Acts 1939 to 1975 and this Act.

(2)The provisions of the principal Act specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

14Citation, commencement and extent

(1)This Act may be cited as the Limitation Amendment Act 1980.

(2)This Act and the Limitation Acts 1939 to 1975 may be cited together as the Limitation Acts 1939 to 1980.

(3)This Act, except section 8, shall come into force at the end of the period of three months beginning with the date on which it is passed; and any reference in any provision of this Act to the commencement of this Act is a reference to the date on which that provision comes into force.

(4)Section 8 of this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different purposes of that section (including its application in relation to different courts or proceedings).

(5)This Act does not extend to Scotland or to Northern Ireland.

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