Clause 2: Limitation Periods
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).
