CervicalCheck Tribunal Act 2019
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Reckoning of time for purpose of Statute of Limitations, etc. | ||
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12. (1) Subject to subsection (2), a claim shall be made— | ||
(a) in the case of a claim in respect of which, as part of the Review of Cervical Screening, the relevant woman or, where she has died, a dependant of the relevant woman concerned, was notified in writing that the cytology review findings in relation to the woman were discordant with those of the original cytology examination in relation to the woman— | ||
(i) within 6 months of the date of notification, or | ||
(ii) within 9 months of the establishment day, | ||
whichever is the later, or | ||
(b) in any other case, within 9 months of the establishment day. | ||
(2) A person may not make a claim where— | ||
(a) the person was entitled to institute proceedings in respect of a relevant claim, and | ||
(b) the limitation period in respect of instituting those proceedings has expired. | ||
(3) In reckoning any period of time for the purpose of any applicable limitation periods in relation to a relevant claim— | ||
(a) the period beginning on the date of the making of a claim and ending 6 months from the date on which the Tribunal notifies in writing (in this section referred to as the “date of Tribunal notification”) the claimant that one or more of the relevant parties have failed to agree in writing to the claim being determined by the Tribunal and accordingly that the Tribunal is not in a position to hear and determine the claim, or | ||
(b) the period beginning on the date of the making of a claim and ending 6 months from the date on which the Tribunal notifies in writing (in this section also referred to as the “date of Tribunal notification”) the claimant that one or more of the relevant parties have notified the Tribunal that there is no longer consent to the claim being determined by the Tribunal and accordingly the Tribunal is not in a position to continue to hear and determine the claim, | ||
shall be disregarded. | ||
(4) In this section— | ||
“date of making of a claim” means the date on which an application under section 11 , made in the prescribed form and manner, is received by the Tribunal; | ||
“date of notification” means the date on which a notification referred to in subsection (1)(a) is issued by the Executive; | ||
“date of Tribunal notification” means the date on which the Tribunal issues, in the prescribed form and manner, a notification under subsection (3) (a) or subsection (3)(b), as the case may be; | ||
“limitation periods” includes any limitation period under the Statute of Limitations 1957, section 9(2) of the Act of 1961 and the Statute of Limitations (Amendment) Act 1991 ; | ||
“relevant claim” means a civil action by a person— | ||
(a) seeking damages for negligence, breach of duty, breach of statutory duty or breach of contract arising from any act or omission concerning CervicalCheck, or | ||
(b) seeking damages for the alleged negligence or breach of duty arising from an alleged failure to inform the relevant woman concerned or, where she has died, a dependant of the relevant woman concerned of the results of the retrospective CervicalCheck cytology clinical audit. |