31Limit of occupational liability by schemes

31 Limit of occupational liability by schemes

(1)  To the extent provided by this Act and the provisions of the scheme, a scheme limits the occupational liability, in respect of a cause of action founded on an act or omission occurring during the period when the scheme is in force, of any person to whom the scheme applied at the time when the act or omission occurred.

(2)  A scheme does not limit the liability of a person (the "professional") to another person (the "client") if, at no stage before the time of the relevant act or omission, did the professional –

(a) give, or cause to be given, to the client a document that carried a statement of a kind referred to in section 36(1) ; or

(b) otherwise inform the client, whether orally or in writing, that the professional's liability was limited in accordance with this Part.

(3)  Subsection (2) does not affect any limitation of the liability of a professional to a person other than the client.

(4)  The applicable limitation of liability is the limitation specified by the scheme as in force at the time of the relevant act or omission.

(5)  A limitation of liability that, in accordance with this section, applies in respect of an act or omission continues to apply to every cause of action founded on it, irrespective of when the cause of action arises or proceedings are brought in respect of it, and even if the scheme has been amended or has, in accordance with section 35 , ceased to be in force.

(6)  A person to whom a scheme applies cannot choose not to be subject to the scheme, except in accordance with provisions included in the scheme under section 20(2) .