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Administration of Justice Act 1982

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Commencement Orders bringing legislation that affects this Act into force:

73 Transitional provisions and savings.E+W+S+N.I.

(1)Subject to subsections (2) and (3) below, nothing in Part I of this Act or paragraphs 2 to 10 of Schedule 6 to this Act applies to causes of action which accrue before its commencement.

(2)Section 6 above and paragraph 10 of Schedule 6 to this Act shall apply to actions whenever commenced, including actions commenced before the passing of this Act.

(3)The provisions to which this subsection applies have effect where a person has died after the commencement of Part I of this Act.

(4)The provisions of this Act to which subsection (3) above applies are—

(a)section 1;

(b)section 4(2); and

(c)paragraph 9(2) of Schedule 6.

(5)Without prejudice to the provisions of Parts II and III of the M1Prescription and Limitation (Scotland) Act 1973, Part II of this Act shall apply to rights of action which accrued before, as well as rights of action which accrue after, the coming into operation of that Part of this Act; but nothing in Part II of this Act other than the repeal of section 5 of the M2Damages (Scotland) Act 1976 shall affect any proceedings commenced before that Part of this Act comes into operation.

(6)Nothing in the following provisions of this Act—

(a)section 17;

(b)section 18(2);

(c)sections 19 to 22;

(d)section 75, so far as it relates—

(i)to the M3Wills Act Amendment Act 1852; and

(ii)to the M4Family Law Reform Act 1969,

affects the will of a testator who dies before the commencement of the provision in question.

(7)Neither section 18(1) above nor the repeal by this Act of section 177 of the M5Law of Property Act 1925 affects a will made before the commencement of section 18(1) above.

(8)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Nothing in paragraph 1 of Schedule 6 to this Act affects a cause of action accruing before that paragraph comes into force if an action in respect thereof has been begun before the paragraph comes into force.

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Amendments (Textual)

F1S. 73(8) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 4}

Marginal Citations

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