Limitation Bill

59 New section 2A inserted

• The following section is inserted after section 2:

  “2A Act continues to apply despite its repeal to actions based on acts or omissions before 1 January 2011

  • “(1) This section applies to an action, cause of action, or right of action—

    • “(a) based on an act or omission before 1 January 2011; and

    • “(b) to which this Act applied immediately before its repeal by section 55 of the Limitation Act 2009.

    “(2) Section 57 of the Limitation Act 2009 requires the action, cause of action, or right of action, despite the repeal of this Act and unless the parties agree otherwise, to be dealt with or continue to be dealt with under this Act as in force at the time of its repeal.

    “(3) Nothing in section 57 of the Limitation Act 2009 prevents any provision of this Act as in force at the time of its repeal from being applied, after 31 December 2010, and by analogy, to any claim for equitable relief—

    • “(a) based on an act or omission before 1 January 2011; and

    • “(b) to which this Act immediately before its repeal did not apply directly.

    “(4) Nothing in this Act as in force at the time of its repeal applies to an action, cause of action, or right of action based on an act or omission after 31 December 2010.”