2Interpretation

### 2 Interpretation > > (1)  In this Act, unless the contrary intention appears – > > > > > ***action*** includes any proceeding in a court of law; > > > > [*\[Section 2 Subsection (1) amended by No. 66 of 2004, s. 4, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-066#GS4@EN) [*\[Section 2 Subsection (1) amended by No. 52 of 2017, s. 4, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS4@Hpa@EN) > > > > > [*\[Section 2 Subsection (1) amended by No. 66 of 2004, s. 4, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-066#GS4@EN) ***date of discoverability***, in the case of an action for damages for personal injuries, means the date when the plaintiff knew or ought to have known that personal injury or death – > > > > > > > > (a) had occurred; and > > > > > > > > > (b) was attributable to the conduct of the defendant; and > > > > > > > > > (c) in the case of personal injury, was sufficiently significant to warrant bringing proceedings; > > > > > ***land*** includes corporeal hereditaments and rentcharges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but, save as aforesaid, does not include an incorporeal hereditament; > > > > > ***legal owner***, in relation to settled land, means the tenant for life within the meaning of the [Settled Land Act 1884](/view/html/inforce/2026-04-12/act-1884-010) having a legal estate therein; > > > > > ***parent***, in relation to an infant, includes a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction; > > > > > [*\[Section 2 Subsection (1) amended by No. 52 of 2017, s. 4, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS4@Hpb@EN) ***personal injury*** includes any disease and any impairment of a person's physical or mental condition; > > > > > ***personal property*** does not include chattels real; > > > > > ***rent*** includes a rentcharge and rentservice; > > > > > ***rentcharge*** means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage of land; > > > > > ***settled land*** has the same meaning as it has for the purposes of the [Settled Land Act 1884](/view/html/inforce/2026-04-12/act-1884-010) ; > > > > > ***tenant for life***, in relation to settled land, has the same meaning as it has for the purposes of the [Settled Land Act 1884](/view/html/inforce/2026-04-12/act-1884-010) and includes any person having the powers of a tenant for life under that Act; > > > > > ***trust*** and ***trustee*** have the same meanings as they have for the purposes of the [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) . > > > (2)  *\[Section 2 Subsection (2) amended by No. 3 of 1991, s. 7 and Sched. 1 \]*For the purposes of this Act a person is deemed to be under disability while – > > > > > > (a) he is an infant; > > > > > > > (b) he is incapable, by reason of mental disorder, of managing his property or affairs; or > > > > > > > (c) .  .  .  .  .  .  .  .   > > > (3)  *\[Section 2 Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 \]*For the purposes of [subsection (2)](#GS2@Gs2@EN) [(b)](#GS2@Gs2@Hpb@EN) but without prejudice to the generality thereof a person shall be conclusively presumed to be incapable, by reason of mental disorder, of managing his property or affairs – > > > > > > (a) [*\[Section 2 Subsection (3) amended by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997\]*](/view/html/inforce/1997-09-01/act-1996-033#JS1@Ja5@GC2@EN) [*\[Section 2 Subsection (3) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1996-032#JS1@Ja18@GC1@EN) [*\[Section 2 Subsection (3) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014\]*](/view/html/inforce/2014-02-17/act-2013-069#JS1@Ja16@GC1@EN) while he or she is subject to an assessment order or treatment order under the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; or > > > > > > > (b) [*\[Section 2 Subsection (3) amended by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997\]*](/view/html/inforce/1997-09-01/act-1996-033#JS1@Ja5@GC2@EN) while a guardianship order or an administration order in respect of his estate is in force under the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) . > > > > > > > (c) [*\[Section 2 Subsection (3) amended by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997\]*](/view/html/inforce/1997-09-01/act-1996-033#JS1@Ja6@GC1@EN) .  .  .  .  .  .  .  .   > > > (4)  Subject to [subsection (5)](#GS2@Gs5@EN) , a person shall be deemed to claim through another person if he became entitled by, through, or under the act of that other person to the right claimed, and any person whose estate or interest might have been barred by a person entitled to an entailed interest in possession shall be deemed to claim through the person so entitled. > > > (5)  A person becoming entitled to an estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor. > > > (6)  References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land or, in the case of rentcharges, to distrain for arrears of rent; and references to the bringing of such an action shall include references to the making of such an entry or distress. > > > (7)  References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent; and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent. > > > (8)  In [Part II](#HPII@EN) references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall – > > > > > > (a) in the case of an action for an account be construed as references to the date on which an account is claimed; > > > > > > > (b) in the case of an action upon a judgment be construed as references to the date on which the judgment became enforceable; and > > > > > > > (c) in the case of an action to recover arrears of rent or interest or damages in respect thereof be construed as references to the date on which the rent or interest became due.