Enemy Property Act 1953

17 Operation of Act as respects pending proceedings, etc.

(1) Nothing in this Act shall affect the determination of any proceedings begun before the seventeenth day of March, nineteen hundred and fifty-three, or of any appeal, whether brought before or after the passing of this Act, being either—

(a) an appeal against an order made in such proceedings, or

(b) an appeal against the decision of an appeal falling within the foregoing paragraph.

(2) Where any proceedings have been begun on or after the said seventeenth day of March but before the passing of this Act, and no final order has been made in the proceedings before the passing of this Act, the foregoing provisions of this Act shall have effect for the purposes of the proceedings notwithstanding that they were not in operation at the time when the proceedings were begun.

(3) Where any proceedings have been begun as mentioned in the last foregoing subsection and a final order has been made in the proceedings before the passing of this Act, then, on the application of any person against whom the order is enforceable, being an application made within three months from the date of the passing of this Act,—

(a) the court by which the order was made, if in its opinion the order would not have been made, or a different order would have been made, if this Act had been in operation when the proceedings were begun, shall rescind or vary the order accordingly, and

(b) pending the determination of the application, the court may stay execution on the order, or any proceedings for the enforcement thereof, including any proceedings on any bankruptcy petition or winding-up petition founded on the non-payment of money due under the order.

(4) In this section the expression " order " includes a judgment and references to the making of an order shall be construed accordingly.

(5) In the application of this section to Scotland the expression " order " includes a decree, the expression " stay " means sist, and the expression " bankruptcy petition " means a petition for sequestration.