Courts (Emergency Powers) (Scotland) Act 1944
| Jurisdiction | UK Non-devolved |
| Citation | 1944 c. 6 |
| Year | 1944 |
Courts (Emergency Powers) (Scotland) Act, 1944
(7 & 8 Geo. 6.) CHAPTER 6.
An Act to amend the Courts (Emergency Powers) (Scotland) Act, 1939.
[1st March 1944]
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 Extension of 2 & 3 Geo. 6. c. 113 to contracts made after commencement of war.
1. The following provisions of section one of the Courts (Emergency Powers) (Scotland) Act, 1939 (hereinafter referred to as the principal Act) that is to say:—
(ii) the first proviso to subsection (2) (which provides that that subsection shall not apply to rights or remedies arising out of contracts made after the said day)
shall cease to have effect:
Provided that, where an application is made by any person under the said section for leave
the appropriate Court shall not exercise its powers under subsection (3) of the said section unless it is satisfied that the circumstances referred to in that subsection arose after the contract was made.
2 Power to grant relief against exercise of right under s. 1 \(2) of 2 & 3 Geo. 6. c. 113.
(1) Where an application is made for leave to exercise any of the rights or remedies mentioned in subsection (2) of section one of the principal Act, being a right or remedy available in consequence of a default by any person in the payment of a debt or the performance of an obligation, the appropriate court may, for the purposes of the principal Act, treat any person appearing to the court to have any interest in property affected by the right or remedy as if he were the person liable to pay the debt or to perform the obligation,...
To continue reading
Request your trial