Courts (Emergency Powers) (Scotland) Act 1939
| Jurisdiction | UK Non-devolved |
| Citation | 1939 c. 113 |
| Year | 1939 |
Courts (Emergency Powers) (Scotland) Act, 1939
(2 & 3 Geo. 6.) CHAPTER 113.
An Act to confer on courts in Scotland certain powers in relation to remedies in respect of the non-payment 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.
[12th October 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 enforcement of decrees and other rights.
(1) Subject to the provisions of this section, a person shall not be entitled, except with the leave of the appropriate court, to enforce any decree of any court (whether pronounced before or after the passing of this Act) for the payment of a sum of money or for the recovery of possession of land:
Provided that nothing in this subsection shall apply to—
(a ) any decree for damages in respect of loss or damage arising from any wrongful or negligent act or omission;
(b ) any decree based upon a contract made after the second day of September nineteen hundred and thirty-nine;
(c ) any decree for expenses;
(d ) any decree for aliment, or any decree or order enforceable by virtue of any enactment in like manner as a decree for aliment; or
(e ) any order made in criminal proceedings or for the recovery of a penalty due in respect of contravention or non-compliance with any 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 do any diligence (not being diligence used only on the dependence of an action or ad fundandam jurisdictionem );
(b ) to enforce any irritancy, legal or conventional;
(c ) to realise any security or forfeit any deposit;
(d ) to serve a demand under paragraph (1) of section one hundred and sixty-nine of the Companies Act, 1929 ;
(e ) to exercise any power of sale conferred by a heritable security;
(f ) to institute an action of maills and duties; or
(g ) to take or resume possession of any property by reason of any default, by any person in the payment of money or the performance of any obligation:
Provided that nothing in this subsection shall apply to any remedy or proceedings available in consequence of any default in the payment of a debt, or the...
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