20 September 2024
Clause 1 is a very close replication of section 134 of the 2022 Act. Whereas the existing DPO applies only to works to “provide” a building, this clause extends the duty in the DPO to cover works done in relation to an existing building.
Subsection (1) amends the Limitation Order and deals with the limitation period for 3 types of action – (1) under existing Article 3 DPO; (2) under new Article 4A DPO; and (3) under Article 20 of the Building Regulations (NI) Order 1979. The limitation period for these actions is now to be 15 years. In the case of an action under Article 3DPO which arose before the Bill becomes law, the limitation period is increased to 30 years.
Subsection (2) of the clause provides for the amendments to the limitation period (so far as relating to an action under Article 3 DPO) to be retrospective.
Subsection (4) of the clause requires the court to dismiss a case brought by virtue of the retrospective effect of the amendments on limitation if satisfied that it is necessary to do so to avoid a breach of the defendant’s Convention Rights.
Subsection (5) prevents the new limitation periods being used in relation to claims which have previously been settled by agreement or finally determined by a court (whether on the basis of limitation or otherwise).
Clause 3 makes provision to transfer the functions under the Defective Premises Order (NI) 1975 to the Department from the Department of Agriculture, Environment and Rural Affairs.
Subsection (1) effects the statutory transfer of functions.
Lastly an amendment has been made to the definition of “the Department” in Article 2. This presently refers to 1975 departmental structures and has been superseded by subsequent Departmental reorganisations.
This Act may be cited as the Defective Premises Act (Northern Ireland) 2024. Clause 4 provides for commencement immediately after Royal Assent.