Section 12 Special time limit for actions under Fatal Accidents legislation.

England and Wales

(1)

An action under the M1Fatal Accidents Act 1976 shall not be brought if the death occurred when the person injured could no longer maintain an action and recover damages in respect of the injury (whether because of a time limit in this Act or in any other Act, or for any other reason).

Where any such action by the injured person would have been barred by the time limit in section 11 F1, 11A or 11B of this Act, no account shall be taken of the possibility of that time limit being overridden under section 33 of this Act.

F2(1A)

An action under the Fatal Accidents Act 1976 may not be brought if—

(a)

section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and

(b)

the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33).

(2)

None of the time limits given in the preceding provisions of this Act shall apply to an action under the Fatal Accidents Act 1976, but no such action shall be brought after the expiration of three years from—

(a)

the date of death; or

(b)

the date of knowledge of the person for whose benefit the action is brought;

whichever is the later.

(3)

An action under the Fatal Accidents Act 1976 shall be one to which sections 28, 33 F3... F4, 33B and 35 of this Act apply, and the application to any such action of the time limit under subsection (2) above shall be subject to section 39; but otherwise Parts II and III of this Act shall not apply to any such action.

Annotations

Textual amendments

F1: Words in s. 12(1) substituted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 12; S.I. 2021/396, reg. 3(c)(d)
F2: S. 12(1A) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 96(3), 255(3)(b)
F3: Word in s. 12(3) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 7(3) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in s. 12(3) inserted (9.7.2015) by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (S.I. 2015/1392), regs. 1(2), 4(2) (with reg. 1(3))

Marginal citations

M1: 1976 c. 30(122:3)

Notes on Actions in respect of wrongs causing personal injuries or death etc

Textual amendments

F1: Word in s. 11 cross-heading inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 10; S.I. 2021/396, reg. 3(c)(d)