Section 16 Consequential amendments and savings etcI1
Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended in accordance with subsections (2) and (3).
In subsection (3) for “of justification or fair comment or” substitute “ under section 2 or 3 of the Defamation Act 2013 which is available to him or any defence ”.
In subsection (5) for “the defence of justification” substitute “ a defence under section 2 of the Defamation Act 2013 ”.
Nothing in section 1 or 14 affects any cause of action accrued before the commencement of the section in question.
F1Nothing in sections 2 to 7 or 10 has effect in relation to an action for defamation if the cause of action accrued before the commencement of the section in question.
In determining whether section 8 applies, no account is to be taken of any publication made before the commencement of the section.
Nothing in section 9 or 11 has effect in relation to an action for defamation begun before the commencement of the section in question.
In determining for the purposes of subsection (7)(a) of section 3 whether a person would have a defence under section 4 to any action for defamation, the operation of subsection (5) of this section is to be ignored.
Annotations
Textual amendments
- F1
S. 16(5) repealed (S.) (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 35(4)(a), 39(2); S.S.I. 2022/154, regs. 1(2), 2
Commencement
- I1
S. 16 partly in force; s. 16(4)-(8) in force at Royal Assent, see s. 17(6)
- I2
S. 16(1)-(3) in force at 1.1.2014 by S.I. 2013/3027, art. 2