Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
| Jurisdiction | UK Non-devolved |
Reserve and Auxiliary Forces (Protection of Civil Interests)Act , 1951
(14 & 15 Geo. 6) CHAPTER 65
An Act to provide for protecting the interests of persons called up or volunteering for certain naval, military or air force service, or doing work or training under the National Service Act, 1948, by virtue of being conditionally registered under that Act as conscientious objectors, and of other persons consequentially affected, in respect of civil rights and liabilities of theirs.
[1st August 1951]
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:—
Part I
Protection against certain Legal Remedies
Provisions as to England and Wales
1 Application of sections two to six.
1. The five next following sections shall apply to England and Wales only.
2 General restrictions on execution and other remedies.
(1) In the cases mentioned in the next following section no person shall be entitled, subject to the provisions of this Part of this Act, to proceed, except with the leave of the appropriate court, to execution on, or otherwise to the enforcement of, a judgment or order of any court other than a county 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 ) a judgment for the recovery of damages for tort;
(b ) a judgment or order for the recovery of a debt which has become due by virtue of a contract made after the relevant date;
(c ) a judgment or order under which no sum of money is recoverable otherwise than in respect of costs;
(d ) an order in a matter of bastardy, an order enforceable as an affiliation order, or an order for alimony, maintenance or other payments which has been made under sections nineteen to twenty-seven of the Matrimonial Causes Act, 1950, or under subsection (2) of section three or subsection (4) of section five of the Guardianship of Infants Act, 1925;
(e ) an order made in criminal proceedings, or an order made in proceedings for the recovery of a penalty in respect of a contravention of, or failure to comply with, any provisions of an Act;
or to the enforcement of any other judgment or order by judgment summons.
(2) In the cases mentioned in the next following section no person shall be entitled, subject to the provisions of this Part of this Act, except with the leave of the appropriate court—
(a ) to proceed to exercise any remedy which is available to him by way of—
the levying of distress;
the taking of possession of any property;
the appointment of a receiver of any property;
re-entry upon land;
the realisation of a security; or
the forfeiture of a deposit; or
(b ) to institute proceedings for foreclosure or for sale in lieu of foreclosure, or for the recovery of possession of mortgaged property, or to take any step in any such proceedings instituted before the relevant date:
Provided that this subsection shall not apply to any remedy or proceedings available in consequence of default in the payment of a debt arising by virtue of a contract made after the relevant date or the performance of an obligation so arising; and nothing in this subsection shall affect—
(i) a power of sale of a mortgagee of land or an interest in land who is in possession of the mortgaged property at the relevant date, or who before that date has appointed a receiver who at that date is in possession, or in receipt of the rents and profits, of the mortgaged property; or
(ii) a 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 relevant date; or
(iii) a right or power of a pawnbroker to deal with a pledge; or
(iv) any right or power of a person to sell goods in his custody as a bailee, being a right or power arising by reason of default in the payment of a debt; or
(v) the institution or prosecution of proceedings for the appointment by the court of a receiver of any property.
(3) In the cases mentioned in the next following section no person shall be entitled, subject to the provisions of this Part of this Act, to proceed, except with the leave of the appropriate court, to execution on, or otherwise to the enforcement of, a judgment or order of any court (whether given or made before or after the commencement of this Act) for the recovery of possession of land in default of payment of rent or for the delivery of any property other than mortgaged property by reason of a default in the payment of money:
Provided that nothing in this subsection shall apply to a judgment given or order made in proceedings for the enforcement of a contract made after the relevant date.
(4) If, on any application for such leave as is required under this section for the exercise of any of the rights and remedies mentioned in subsections (1), (2) and (3) of this section, the appropriate court is of opinion that the person liable to satisfy the judgment or order, or to pay the rent or other debt, or to perform the obligation, in question is unable immediately to do so by reason of circumstances directly or indirectly attributable to his or someone else's performing or having performed a period of relevant service, the court may, subject to the provisions of this Part of this Act, refuse leave for the exercise of that right or remedy, or give leave therefor subject to such restrictions and conditions as the court thinks proper.
(5) The appropriate court, in determining for the purpose of the last foregoing subsection whether a person is unable immediately to satisfy the judgment or order, or to pay the rent or other debt, or to perform the obligation, in question by reason of any such circumstances as are mentioned in that subsection, or in determining the restrictions and conditions (if any) subject to which leave is to be given under that subsection, may take account of other liabilities, whether present or future, of his.
(6) Where—
(a ) a bankruptcy petition has been presented against a debtor, and it is shown to the satisfaction of the court having jurisdiction in the bankruptcy that his inability to pay his debts is due to circumstances directly or indirectly attributable to his or someone else's performing or having performed a period of relevant service; or
(b ) a winding-up petition has been presented against an exempt private company on the ground that it is unable to pay its debts, and it is shown to the satisfaction of the court having jurisdiction in the winding up that its inability to pay its debts is due to circumstances directly or indirectly attributable to any person's performing or having performed a period of relevant service;
the court may at any time stay the proceedings under the petition for such time and subject to such conditions as the court thinks fit.
In this subsection the expression ‘an exempt private company’ shall be construed in accordance with subsection (4) of section one hundred and twenty-nine of the Companies Act, 1948.
3 Scope of protection.
(1) Subject to the following provisions of this section, the provisions of subsection (1), (2) or (3) of the last foregoing section shall apply to the exercise of a right or remedy in the following cases, and in the following cases only, that is to say:—
(a ) they shall apply (by virtue of this paragraph and without more) where the person liable to satisfy the judgment or order, or to pay the rent or other debt, or to perform the obligation, in question is for the time being performing a period of relevant service;
(b ) they shall apply (by virtue of this paragraph and without more, but subject to any order of the appropriate court directing that they shall not so apply or shall cease so to apply) where the person liable as aforesaid has been performing a period of relevant service and, while he was so doing, an application was made to the appropriate court for leave under the last foregoing section to exercise the right or remedy;
(c ) they shall apply in a case where—
(i) the appropriate court by order so directs, on the application of the person liable as aforesaid and on being satisfied that he is unable immediately to satisfy the judgment or order, or to pay the rent or other debt, or to perform the obligation, in question by reason of circumstances directly or indirectly attributable to his or someone else's performing or having performed a period of relevant service; or
(ii) the person liable as aforesaid has made to the appropriate court an application for an order under this paragraph and the application has not been disposed of, or not having made such an application has given to the proper person written notice of his intention to do so.
(2) A notice given for the purpose of paragraph (c ) of the foregoing subsection shall expire at the expiration of fourteen days (or, if given in a class of case as to which a longer period is prescribed for the purposes of this subsection, at the expiration of that period) from the date on which it was given, and where the person giving a notice for that purpose has given...
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