8Non-application of Act to certain transactions

8 Non-application of Act to certain transactions

8 Non-application of Act to certain transactions

(cf Act No 48, 1930, s 31)

This Part of this Act shall not apply to—

(a) a mortgage, or an agreement for the sale and purchase of land, or a lease containing an optional or compulsory purchasing clause which was executed between the nineteenth day of December, one thousand nine hundred and thirty, and the first day of October, one thousand nine hundred and thirty-one (both inclusive), if the mortgage, agreement, or lease contains a covenant or condition expressly excluding the provisions of the Moratorium Act 1930, and such covenant or condition has not been declared void in pursuance of subsection three of section thirteen of the Moratorium Act 1930–1931,

(b) a mortgage or an agreement for the sale and purchase of land, or a lease containing an optional or compulsory purchasing clause which was executed between the second day of October, one thousand nine hundred and thirty-one, and the day prior to the date of commencement of this Act (both inclusive), if such mortgage, agreement, or lease contains a covenant or condition expressly excluding the provisions of the Moratorium Act 1930–1931, and has been witnessed and certified in the manner required by section ten of the said Act,

(c) a mortgage or an agreement for the sale and purchase of land, whether executed before or after the commencement of the Moratorium Act 1930, and subsequently varied after the commencement of the said Act and before the commencement of this Act by a memorandum executed before the commencement of this Act, if such memorandum contains a condition or covenant expressly excluding the provisions of the Moratorium Act then in force, and if such memorandum was executed with such formalities, if any, as were required by the Moratorium Act, in force at the date of execution of the memorandum,

(d) a mortgage executed on or after the date of commencement of this Act, if such mortgage contains a condition or covenant expressly excluding the provisions of this act,

(e) a guarantee whether executed before or after the commencement of this Act if such guarantee contains a covenant or condition excluding the provisions of this Act or of any enactment hereby repealed,

(f) any mortgage, whether executed before or after the commencement of this Act, which is extended or otherwise varied by an instrument executed after such commencement if such instrument contains a condition or covenant expressly excluding the provisions of this Act in relation to such mortgage,