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Limitation (Enemies and War Prisoners) Act 1945

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Application to Scotland.

4In the application of this Act to Scotland—

(a)for subsection (1) of section one the following subsection shall be substituted :—

(1)If, during any period of less than ten years prescribed by any of the enactments hereinafter referred to as the period within which any action or diligence must be raised or executed or on the expiry of which any limitation on the mode of proof in any action becomes operative or any obligation is extinguished, any person who would have been a necessary party to such action or who was a party to such obligation was an enemy or was detained in enemy territory, the period so prescribed shall be deemed not to have run while the said person was an enemy or was so detained and shall in no case expire before the end of twelve months from the date when he ceased to be an enemy or to be so detained or from the date of the passing of this Act whichever is the later :

Provided that where any person was only an enemy as respects a business carried on in enemy territory, this section shall only apply so far as that person is concerned to actions or obligations arising in the course of that business. The enactments hereinbefore referred to are—

the Act of the Parliament of Scotland, 1579 cap. 21,

the Act of the Parliament of Scotland, 1669 cap. 14,

the Act of the Parliament of Scotland, 1695 cap. 7,

section thirty-seven of the Bills of Exchange (Scotland) Act 1772,

section four of the Employers' Liability Act, 1880,

section one of the Public Authorities Protection Act, 1893,

section ten of the Copyright Act, 1911,

section eight of the Maritime Conventions Act, 1911,

Rule 6 of Article III of the Schedule to the Carriage of Goods by Sea Act, 1924,

subsection (1) of section thirteen of the Moneylenders Act, 1927,

Article 29 of the First Schedule to the Carriage by Air Act, 1932 ;

(b)in subsection (3) of section one after the words " necessary party" there shall be inserted the words

or was a party to such obligation.

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