Courts (Emergency Powers) Act 1939
| Jurisdiction | UK Non-devolved |
| Citation | 1939 c. 67 |
| Year | 1939 |
Courts (Emergency Powers) Act, 1939
(2 & 3 Geo. 6.) CHAPTER 67.
An Act to confer on courts certain powers in relation to remedies in respect of the nonpayment of money and the non-performance of obligations (including powers in relation to bankruptcy and winding-up proceedings), and to make provision for purposes connected with the matters aforesaid.
[1st September 1939]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Restriction on execution and other remedies.
(1) Subject to the provisions of this section, a person shall not be entitled, except with the leave of the appropriate court, to proceed to execution on, or otherwise to the enforcement of, any judgment or order of any court (whether given or made before or after the commencement of this Act) for the payment or recovery of a sum of money:
Provided that nothing in this subsection shall apply to—
(a ) any judgment for the recovery of damages for tort;
(b ) any judgment or order for the recovery of a debt which has become due by virtue of a contract made after the commencement of this Act;
(c ) any judgment or order under which no sum of money is recoverable otherwise than in respect of costs;
(d ) any order in a matter of bastardy, or any order enforceable as an affiliation order; or
(e ) any order made either in criminal proceedings or in proceedings for the recovery of a penalty in respect of any contravention of, or failure to comply with, any provisions of an Act.
(2) Subject to the provisions of this section, a person shall not be entitled, except with the leave of the appropriate court,—
(a ) to proceed to exercise any remedy which is available to him by way of—
(i) the levying of distress;
(ii) the taking of possession of any property or the appointment of a receiver of any property;
(iii) re-entry upon any land;
(iv) the realisation of any security or the forfeiture of any deposit; or
(b ) to institute any proceedings for foreclosure or for sale in lieu of foreclosure, or take any step in any such proceedings instituted before the commencement of this Act:
Provided that this subsection shall not apply to any remedy or proceedings available in consequence of any default in the payment of a debt, or the performance of an obligation, being a debt or obligation arising by virtue of a contract made after the commencement of this Act; and nothing in this subsection shall affect—
(a ) any power of sale of a mortgagee of land or an interest in land who is in possession of the mortgaged property at the commencement of this Act, or who before the commencement of this Act has appointed a receiver who at the commencement of this Act is in possession, or in receipt of the rents and profits, of the mortgaged property;
(b ) any power of sale of a mortgagee in possession of property other than land or some interest in land, where the power of sale has arisen and notice of the intended sale has been given before the commencement of this Act; or
(c ) any right or power of pawnbrokers to deal with pledges; or
(d ) the institution or prosecution of any proceedings for the appointment by the court of a receiver of any property, or for the recovery of possession of land.
(3) Subject to the provisions of this section, a person shall not be entitled, except with the leave of the appropriate court, to proceed to execution on, or otherwise to the enforcement of, any judgment or order of any court (whether given or made before or after the commencement of this Act)...
To continue reading
Request your trial