Statute of Limitations (Amendment) Act, 2000
What is this act about?
This law changes the Statute of Limitations, 1957, to allow certain people who experienced sexual abuse as minors more time to bring legal actions related to that abuse. It specifically addresses situations where psychological injury from the abuse impaired their ability to act sooner.
Who it applies to: Individuals who experienced acts of sexual abuse before reaching full age; Persons or entities against whom actions are brought for negligence or breach of duty related to such acts.
At a glance
- Country
- Ireland
- Area of law
- Other legislation
- Articles
- 3
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- When a person who experienced sexual abuse as a minor is considered to be under a "disability" for legal action purposes.
- The conditions under which a person can bring an action for sexual abuse even if the usual time limit has passed.
- The definition of "an act of sexual abuse" for the purposes of this law.
- The definition of "full age" in relation to the timing of the abuse.
Who does this act apply to?
- Individuals who experienced acts of sexual abuse before reaching full age.
- Persons or entities against whom actions are brought for negligence or breach of duty related to such acts.
What are the key points?
- A person is considered under a "disability" if they suffer from a psychological injury caused by sexual abuse that substantially impairs their will or ability to make a reasoned decision to bring an action.
- Actions that would normally be time-barred can be brought not later than one year after the passing of this Act (June 21, 2000), if the person received legal advice before March 30, 2000, that the action could not be brought, or if a complaint was made to the Garda Síochána before that date.
- This law does not apply if a final judgment has already been given in respect of the action.
- A court's power to dismiss an action due to delay, if warranted in the interests of justice, is not affected by this law.
Other legislation
Legal text
Legal text
Statute of Limitations (Amendment) Act, 2000 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2000 Statute of Limitations (Amendment) Act, 2000 Statute of Limitations (Amendment) Act, 2000 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 13 of 2000 STATUTE OF LIMITATIONS (AMENDMENT) ACT, 2000 ARRANGEMENT OF SECTIONS Section
Section 1
Short title, construction and collective citation.
Section 2
Amendment of Statute of Limitations, 1957.
Section 3
Saver in relation to court's power to dismiss on ground of delay.
Acts Referred to Age of Majority Act, 1985 1985, No. 2 Statute of Limitations, 1957 1957, No. 6 Statutes of Limitation, 1957 and 1991 Number 13 of 2000 STATUTE OF LIMITATIONS (AMENDMENT) ACT, 2000 AN ACT TO PROVIDE THAT CERTAIN PERSONS SHALL BE UNDER A DISABILITY FOR THE PURPOSE OF BRINGING ACTIONS RELATING TO ACTS OF SEXUAL ABUSE COMMITTED AGAINST THEM PRIOR TO THEIR REACHING FULL AGE, FOR THAT PURPOSE TO AMEND THE STATUTE OF LIMITATIONS, 1957, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [21st June, 2000] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Short title, construction and collective citation.
1.—(1) This Act may be cited as the Statute of Limitations (Amendment) Act, 2000.
Amendment of Statute of Limitations, 1957.
2.—The Statute of Limitations, 1957 , is hereby amended by the insertion of the following section after section 48: “Disability of certain persons for purpose of bringing certain actions arising out of acts of sexual abuse.
48A.—(1) A person shall, for the purpose of bringing an action— (a) founded on tort in respect of an act of sexual abuse committed against him or her at a time when he or she had not yet reached full age, or (b) against a person (other than the person who committed that act), claiming damages for negligence or breach of duty where the damages claimed consist of or include damages in respect of personal injuries caused by such act, be under a disability while he or she is suffering from any psychological injury that— (i) is caused, in whole or in part, by that act, or any other act, of the person who committed the first-mentioned act, and (ii) is of such significance that his or her will, or his or her ability to make a reasoned decision, to bring such action is substantially impaired.
Provided that the doing or commission of the act concerned is recognised by law as giving rise to a cause of action; ‘full age’ means— (a) in relation to a person against whom an act of sexual abuse was committed before the commencement of the Age of Majority Act, 1985 , 21 years, and (b) in relation to a person against whom an act of sexual abuse was committed after such commencement, full age within the meaning of that Act; ‘professional legal advice’ means advice given by a practising barrister or solicitor in circumstances where the person to whom the advice was given sought such advice for the purpose of bringing or prosecuting an action to which subsection (1) applies, whether such an action was brought or not.”.
Saver in relation to court's power to dismiss on ground of delay.
3.—Nothing in section 48A of the Statute of Limitations, 1957 (inserted by section 2 of this Act), shall be construed as affecting any power of a court to dismiss an action on the ground of there being such delay between the accrual of the cause of action and the bringing of the action as, in the interests of justice, would warrant its dismissal.
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