ACT OF SEDERUNT (EXCHANGE CONTROL ACT, 1947 RULES), 1948.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1948/199 |
| Year | 1948 |
1948 No. 199 (S. 5)
SESSION, COURT OF, SCOTLAND
(iv) Exchange Control Act, 1947
ACT OF SEDERUNT (EXCHANGE CONTROL ACT, 1947 RULES), 1948.31stJanuary 1948
10 & 11 Geo. 6. c. 14.
The Lords of Council and Session by virtue of the powers conferred by paragraph 7 (3) of the Fourth Schedule of the Exchange Control Act, 1947, and of all other powers competent to them in that behalf, do hereby enact and declare as follows, videlicet:—
1. If any person liable under a Court of Session or Sheriff Court decree in payment of any sum reasonably apprehends that such payment would be unlawful except with the permission of the Treasury under the Exchange Control Act, 1947, (hereinafter referred to as "the Act"), he may consign the sum decerned for exclusive of expenses in the hands of the Accountant of Court or of the Sheriff Clerk as the case may be.
2. Upon such consignation and on payment to the solicitor for the person in right of the decree of the expenses, if any, awarded, the solicitor for the person liable under the decree shall send by registered post to the solicitor for the person in right of the decree a notice as nearly as may be as in Form A appended hereto, whereupon the person liable under the decree shall be deemed to be discharged of liability thereunder to the extent of the consignation and payment so made.
3. Application to uplift money so consigned shall be made by written minute in the process in which decree was granted, or in such other form as the Court or the Sheriff may approve, and shall in every case be accompanied by a certificate by the solicitor for the applicant as nearly as may be as in Form B appended hereto; and warrant to uplift the said money shall in no case be granted unless the Court or the Sheriff is satisfied by such certificate or otherwise that the Act does not apply or that its provisions have been complied with.
4. The foregoing provisions shall apply to any sum payable under a decree arbitral in like manner mutatis mutandis as they apply to a sum payable under a Court of Session decree.
5. Where any sum is consigned in the hands of the Accountant of Court or a Sheriff Clerk otherwise than in pursuance of the foregoing provisions, whether as the proceeds of diligence or otherwise, and application is made for warrant to uplift the consigned money, if it appears to the Court or the Sheriff that the money is to be paid to, or to account of, a person resident without the scheduled territories as defined...
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