Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Reckoning of time for purpose of Statute of Limitations, etc. | ||
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28. (1) Subject to subsection (3), in reckoning any period of time for the purposes of any limitation period applying in the case of an individual consumer in relation to a claim for redress based on an infringement, the period beginning on the date on which a representative action is deemed admissible by the Court in accordance with section 19 and ending on the date which is 60 days after— | ||
(a) the representative action is dismissed by the Court, | ||
(b) the qualified entity has notified the Court that it has withdrawn the representative action, | ||
(c) the Court has made an order under section 23 for an injunction, | ||
(d) the Court has made an order under section 26 for a redress measure, or | ||
(e) the Court approves a settlement in the representative action in accordance with section 30, | ||
whichever first occurs, shall be disregarded. | ||
(2) For the purposes of subsection (1), the qualified entity shall inform consumers represented by a representative action in writing of the following dates: | ||
(a) in a case where the representative action is dismissed, the date on which it is so dismissed; | ||
(b) in a case where the qualified entity has notified the Court of withdrawal of the action, the date on which the qualified entity so notified the Court; | ||
(c) in a case where the Court has made an order under section 23 for an injunction, the date of that order; | ||
(d) in a case where the Court has made an order under section 26 for redress measures, the date of that order; | ||
(e) in a case where the Court has approved a settlement of the representative action in accordance with section 30 , the date on which the Court so approved the settlement. | ||
(3) Subsection (1) shall apply only to claims for redress based on infringements that occurred on or after 25 June 2023. | ||
(4) In this section, “limitation period” includes any limitation period under— | ||
(a) the Statute of Limitations 1957 , | ||
(b) section 9 (2) of the Civil Liability Act 1961 , and | ||