Limitation Amendment Act 1980 (c. 24)

SCHEDULES

Section 13(1).

SCHEDULE 1 Amendments

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

2 In 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.

3 In 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 ".

4 In 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 ".

5 In 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.

6 Section 13 shall cease to have effect.

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

8 After section 20 there shall be inserted the following section—

“20A Limitation of actions for an account.

An 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.”

9 In 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 ".

10 In 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 ".

11 In 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) ".

12 In 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.

13 In 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 ".

14 In 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.

15 In 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).