The Limitation (Northern Ireland) Order 1989

[F1 Mediation] N.I.

F1 Art. 51A and preceding cross-heading inserted (18.4.2011) by Cross-Border Mediation Regulations (Northern Ireland) 2011 (S.R. 2011/157), reg. 10(2) (with reg. 1(2))

Extension of time limits: mediation N.I.

F2 51A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 51A omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 11 (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[F3 Extension of time limits: Non-binding ADR procedure N.I.

51B.— (1) Paragraph (2) applies where—

(a) there is a non-binding ADR procedure in relation to a relevant dispute giving rise to an action for which a time limit is fixed by this Order; and

(b) the time limit would, apart from this Article, expire—

(i) after the date on which the non-binding ADR procedure starts but before the date that such a procedure ends;

(ii) on the date on which the non-binding ADR procedure ends; or

(iii) in the period of 8 weeks after the date on which the non-binding ADR procedure ends.

(2) Where this paragraph applies, the time limit is extended so that it expires on the date falling 8 weeks after the date on which the non-binding ADR procedure ends.

(3) For the purposes of this Article, a non-binding ADR procedure starts in relation to a relevant dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints.

(4) For the purposes of this Article, the non-binding ADR procedure ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute;

(b) a party completes the notification of the other parties that it has withdrawn from the non-binding ADR procedure;

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d) that the ADR entity notifies the party that submitted the relevant dispute to the ADR entity that, in accordance with its policy, the ADR entity refuses to deal with the relevant dispute;

(e) after the parties are notified that the ADR entity can no longer act in relation to the relevant dispute (for whatever reason), the parties fail to agree within 14 days to submit the dispute to an alternative ADR entity;

(f) the non-binding ADR procedure otherwise comes to an end pursuant to the rules of the ADR entity.

(5) In this Article—

F4 ...

[F5 “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542);]

F6 ...

[F7 “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution;]

[F8 “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;]

“non-binding ADR procedure” means an ADR procedure the outcome of which is not binding on the parties;

“qualifying request” is a request by a party that another (A) confirm to all parties that A is continuing with the non-binding ADR procedure;

[F9 “relevant dispute” means a dispute that—

(a)

concerns obligations under a sales contract or a service contract, and

(b)

is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

which the parties attempt to settle by recourse to a non-binding ADR procedure;;]

[F10 “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;]

[F10 “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;]

[F10 “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.]]

F3 Art. 51B inserted (9.7.2015) by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392), regs. 1(2), 8 (with reg. 1(3))

F4 Words in art. 51B(5) omitted (31.12.2020) by virtue of The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(a) (with reg. 7)

F5 Words in art. 51B(5) substituted (31.12.2020) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(b) (with reg. 7)

F6 Words in art. 51B(5) omitted (9.1.2016) by virtue of The Alternative Dispute Resolution for Consumer Disputes (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1972), regs. 1, 6(2)

F7 Words in art. 51B(5) substituted (31.12.2020) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(c) (with reg. 7)

F8 Words in art. 51B(5) inserted (31.12.2020) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(d) (with reg. 7)

F9 Words in art. 51B(5) substituted (31.12.2020) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(e) (with reg. 7)

F10 Words in art. 51B(5) inserted (31.12.2020) by The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1139), regs. 1(2), 5(2)(f) (with reg. 7)