{
  "url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023/schedule-9/paragraph-3",
  "json_url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023/schedule-9/paragraph-3.json",
  "legislation": "ukpga/2023/41",
  "legislation_title": "Northern Ireland Troubles (Legacy and Reconciliation) Act 2023",
  "legislation_url": "https://openlegislation.uk/northern-ireland-troubles-legacy-and-reconciliation-act-2023",
  "path": "schedule/9/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Determination by the court",
  "text": "(1) This paragraph applies to an action if sufficient evidence is adduced to raise an issue as to whether it is an action that contravenes a section 43 prohibition.\n(2) The court must determine the question of whether it is an action that contravenes a section 43 prohibition in accordance with this paragraph.\n(3) The court must assume that it is an action that contravenes the section 43 prohibition unless it is proved that the action does not do so.\n(4) If the court determines that it is an action that contravenes the section 43 prohibition, the court must dismiss the action.\n(5) But the powers of a court in relation to the determination or recovery of costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action are not affected by that obligation to dismiss the action.\n(6) Accordingly, the court may comply with that obligation by dismissing the action subject to determination or recovery of costs or expenses.\n(7) The court—\n(a) must determine the question of whether it is an action that contravenes a section 43 prohibition before considering any other question arising in the action;\n(b) must not, in the proceedings to determine the question of whether it is an action that contravenes a section 43 prohibition, consider any other question arising in the action.\n(8) But sub-paragraph (7) is subject to the following exceptions—\n(a) the court may consider—\n(i) the question of whether it is an action that contravenes a section 43 prohibition, and\n(ii) any question of limitation law arising in the action,\nin the same proceedings;\n(b) the court need not comply with sub-paragraph (7)(a), or with sub-paragraph (7)(b), if the court considers that there are exceptional reasons for not complying with it.\n(9) In this paragraph “question of limitation law” means a question relating to—\n(a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)),\n(b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)),\n(c) the Limitation Act 1980,\n(d) the Foreign Limitation Periods Act 1984,\n(e) the Prescription and Limitation (Scotland) Act 1973,\n(f) section 190 of the Merchant Shipping Act 1995, or\n(g) any other legislation relating to limitation of actions.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 3 in force at 18.11.2023, see s. 63(2)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/41/schedule/9/paragraph/3",
    "retrieved_at": "2026-10-29T08:51:56.215171+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}