After section 13 insert—

“13ABurden of proof

(1)

This section applies in relation to—

(a)

an obligation to which a prescriptive period under section 6, 7 or 8A applies, and

(b)

a right to which the prescriptive period under section 8 applies.

(2)

If a question arises as to whether the obligation or right has been extinguished by the expiry of the applicable prescriptive period, it is to be presumed that the obligation or right has been so extinguished unless the contrary is proved by the creditor.”.

In section 22A (prescription of obligations under Part 1 of the Consumer Protection Act 1987), after subsection (7) insert—

“(7A)

Section 13A of this Act applies in relation to an obligation to which the prescriptive period under this section applies as it applies in relation to the obligations and rights referred to in subsection (1) of that section.”.