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Limitation Amendment Act 1980

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This is the original version (as it was originally enacted).

Schedule 1Amendments

1Any reference below in this Schedule to a numbered section is a reference to the section of that number in the principal Act.

2In section 2—

(a)subsection (1)(b) shall be omitted ;

(b)in subsection (1)(d), the words from " other than " to the end shall be omitted;

(c)subsection (2) shall be omitted ;

(d)in subsection (4), for the word " twelve" there shall be substituted the word

six; and

(e)subsection (5) shall be omitted.

3In section 2A—

(a)in subsection (4) (b), for the words from " (if later " to the end there shall be substituted the words

of knowledge (if later) of the person injured;

(b)in subsection (7), for the words from " this " to " plaintiff " there shall be substituted the words

subsection (6) above an injury is significant if the person whose date of knowledge is in question; and

(c)in subsection (8), for the words " the said sections" there shall be substituted the words

subsection (6) above.

4In section 2B—

(a)in subsection (4), for the words " and section 2A" there shall be substituted the words

(whether passed before or after the passing of this Act), and sections 2 and 2A; and

(b)in subsection (5), for the words from " section" to " applies " there shall be substituted the words

sections 22 and 28 of this Act apply.

5In section 3—

(a)the words " or wrongful detention" and the words " or detention " shall be omitted wherever they occur in subsection (1); and

(b)in subsection (2), the words from " and for " to " aforesaid " shall be omitted.

6Section 13 shall cease to have effect.

7In section 17, the words " or dower " shall be omitted.

8After section 20 there shall be inserted the following section— Limitation of actions for an account.

20AAn action for an account shall not be brought after the expiration of any time limit under this Act which is applicable to the claim which is the basis of the duty to account.

9In section 25—

(a)in subsection (2) after the word " or " in the first place where it occurs there shall be inserted the words

any other person liable for the debt or by; and

(b)in subsection (4), for the words " right to" there shall be substituted the words

equity of.

10In section 27—

(a)in subsection (1), after the word " actions" there shall be inserted the words

(whether passed before or after the passing of this Act); and

(b)in subsection (5), after the word " arbitration " in the second place where it occurs there shall be inserted the word

agreement.

11In the proviso to section 30(1), for the words from " Customs Acts" to "excise " there shall be substituted the words

customs and excise Acts (within the meaning of the Customs and Excise Management Act 1979).

12In section 31(1)—

(a)in the definition of " land " the words from " (except" to " sole)" shall be omitted ; and

(b)in the definition of " rentcharge" the words from " a modus " to " sole or " shall be omitted.

13In section 31(3) for the words from "but" to "presumed" there shall be substituted the words

a person is of unsound mind if he is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1959, is incapable of managing and administering his property and affairs ; and, without prejudice to the generality of the foregoing provision, a person shall be conclusively presumed for the purposes of that subsection.

14In section 31(7)—

(a)paragraph (a) shall be omitted ; and

(b)in paragraph (c), the word "dower" shall be omitted in both places where it occurs.

15In section 32 the references to any other enactment shall be construed as references to any other enactment, whether passed before or after the passing of the principal Act (or this Act).

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