Page:Limitation Act 1980.pdf/34

Sch. 1

11.—(1) An action to recover foreshore may be brought by the Crown at any time before the expiration of sixty years from the date mentioned in section 15(1) of this Act.

(2) Where any right of action to recover land which has ceased to be foreshore but remains in the ownership of the Crown accrued when the land was foreshore, the action may be brought at any time before the expiration of―

(a) sixty years from the date of accrual of the right of action; or

(b) thirty years from the date when the land ceased to be foreshore;

whichever period first expires.

(3) In this paragraph “foreshore” means the shore and bed of the sea and of any tidal water, below the line of the medium high tide between the spring tides and the neap tides.

12. Notwithstanding section 15(1) of this Act, where in the case of any action brought by a person other than the Crown or a spiritual or eleemosynary corporation sole the right of action first accrued to the Crown or any such corporation sole through whom the person in question claims, the action may be brought at any time before the expiration of―

(a) the period during which the action could have been brought by the Crown or the corporation sole; or

(b) twelve years from the date on which the right of action accrued to some person other than the Crown or the corporation sole;

whichever period first expires.

13. Section 15(2) of this Act shall apply in any case where the Crown or a spiritual or eleemosynary corporation sole is entitled to the succeeding estate or interest with the substitution―

(a) for the reference to twelve years of a reference to thirty years; and

(b) for the reference to six years of a reference to twelve years.

Section 40(1).

SCHEDULE 2
Transitional Provisions

1. Nothing in this Act shall affect the operation of section 4 of the 1963 c. 47.
1978 c. 47.Limitation Act 1963, as it had effect immediately before 1 January 1979 (being the date on which the Civil Liability (Contribution) Act 1978 came in to force), in relation to any case where the damage in question occurred before that date.

2. The amendment made by section 14(1) of the Limitation Act 1963 in section 5 of the 1945 c. 16.Limitation (Enemies and War Prisoners) Act 1945 (which provides that section 5 shall have effect as if for the words “in force in Northern Ireland at the date of the passing of this