Part I Prescription
Negative Prescription
9†Definition of “relevant claim” for purposes of sections 6, 7 F1, 8 and 8A.
(1)
In sections 6 F27 and 8A of this Act the expression “relevant claim”, in relation to an obligation, means a claim made by or on behalf of the creditor for implement or part-implement of the obligation, being a claim made—
(a)
in appropriate proceedings, F3...
F4(b)
(c)
(d)
by the presentation of, or the concurring in, a petition for the winding up of a company or by the submission of a claim in a liquidation in accordance with rules made under section 411 of the Insolvency Act M1 1986;
F11(e)
by the appointment, or the submission of an application for the appointment, of a receiver under section 51 of the Insolvency Act 1986;
(f)
by the submission of an application for an administration order under paragraph 12 of Schedule B1 of the Insolvency Act 1986;
(g)
by the appointment of an administrator under paragraph 14 of Schedule B1 of the Insolvency Act 1986; or
(h)
by the submission of a claim in an administration under Part 2, or a receivership under Part 3, of the Insolvency Act 1986 in accordance with rules made under section 411 of that Act;
and for the purposes of the said sections 6 F27 and 8A the execution by or on behalf of the creditor in an obligation of any form of diligence directed to the enforcement of the obligation shall be deemed to be a relevant claim in relation to the obligation.
(2)
In section 8 of this Act the expression “relevant claim”, in relation to a right, means a claim made in appropriate proceedings by or on behalf of the creditor to establish the right or to contest any claim to a right inconsistent therewith.
F12(2A)
Where a relevant claim is made in relation to an obligation to which section 6 or 8A applies, the claim is to be treated for the purposes of that section as being made continuously until the claim is finally disposed of.
(3)
Where a claim which, in accordance with the foregoing provisions of this section, is a relevant claim for the purposes of section 6, 7 F138 or 8A of this Act is made in an arbitration, F14the date when the arbitration begins shall be taken for those purposes to be the date of the making of the claim.
(4)
In this section the expression “appropriate proceedings” and, in relation to an arbitration, the expression “F15the date when the arbitration begins” have the same meanings as in section 4 of this Act.