S. 43 in force at 18.11.2023, see s. 63(2)(a)
A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force.
A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force.
For the purposes of this section an action is a “relevant Troubles-related civil action” if conditions A, B and C are met.
Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles.
Condition B: the action is founded on—
tort or delict,
a cause of action arising under fatal accidents legislation, or
a cause of action arising under the law of any other jurisdiction that corresponds to—
tort or delict, or
a cause of action arising under fatal accidents legislation.
Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in—
the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)),
the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)),
the Limitation Act 1980,
the Foreign Limitation Periods Act 1984,
the Prescription and Limitation (Scotland) Act 1973, or
section 190 of the Merchant Shipping Act 1995;
(including where a court has permitted the action to be brought outside such a time limit).
Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree).
Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection—
does not stop costs proceedings from being continued or begun on or after that day; but
otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day.
This section does not apply to a relevant Troubles-related civil action if, or to the extent that, section 47(1) applies to the action (prohibition of civil claims alleging invalidity of interim custody orders).
In this section—
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the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)),
the Fatal Accidents Act 1976, or
section 4 of the Damages (Scotland) Act 2011 (asp 7);
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Schedule 9 makes provision for courts to determine whether the prohibitions in this section apply to a civil action.
Schedule 10 makes provision about bringing and continuing relevant Troubles-related civil actions if the 2008 Mediation Directive applies to the matter in dispute by virtue of the EU withdrawal agreement.