OpenLegislation

Article 78 Time within which civil complaint must be made to give jurisdiction

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

Subject to this Article and Article 98(1) and to Article 35 of the Domestic Proceedings (Northern Ireland) Order 1980F1 and without prejudice to the provisions of any other enactment as to the time within which proceedings may be commenced, a court of summary jurisdiction shall not have jurisdiction to hear and determine a complaint in a civil matter unless the complaint is made within six months from the time when the cause of complaint arose, or, where the cause of complaint is a continuing one, from the time such cause last ceased to continue.

(2)

Nothing in this Article shall prevent a court of summary jurisdiction from exercising the powers referred to in Article 86 at any time after an order for the periodical payment of money has been made.

Annotations

Textual amendments

F1

1980 NI 5

Modifications

C1

Art. 78(1) excluded (19.10.2023) by Protection from Stalking Act (Northern Ireland) 2022 (c. 17), ss. 12(3), 22(2); S.R. 2023/174, art. 2

Notes on Part VIII

Modifications

C1

Pt. VIII (arts. 77-90) applied (1.10.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 58, 100(5), Sch. 5 paras. 5(3), 10(2) (with s. 101(2)); S.I. 2009/1493, art. 2(a)(c)

C2

Pt. VIII (arts. 77-90) applied (prosp.) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 147(4), 185(1)

C3

Pt. VIII referred to by S.I. 1996/3158 (N.I.), art. 76D(4)(b) (as inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2)