1:--

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract,

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat of publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph notwithstanding that his own course of conduct does not by itself amount to harassment.

(3) Subsection 1(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose--

(a) of securing the discharge of an obligation due, or believed by him to be due to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(b) of the enforcement of any liability by legal process.

(4) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

36

(1) Where the mortgagee under a mortgage of land which consists of or includes a dwelling house brings an action in which he claims possession of the mortgaged property, not being an action for foreclosure in which a claim for possession of the mortgaged property is also made, the Court may exercise any of the powers conferred on it by subsection (2) below if it appears to the Court that in the event of its exercising the power the mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage or to remedy a default consisting of a breach of any other obligation arising under or by virtue of the mortgage.

(2) [the court, if satisfied that there is a real likelihood that the mortgagor would be able within a reasonable period to pay any sums due under the mortgage: ]

(a) [to] adjourn the proceedings; or

(b) on giving judgment, or making an order, for delivery of possession of the mortgaged property, or at any time before the execution of such judgment or order, may-

(i) stay or suspend execution of the judgment or order, or

(ii) postpone the date for delivery of possession,

for such period or periods as the court thinks reasonable.

(3) Any such adjournment, stay, suspension or postponement as is referred to in subsection (ii) above may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedying of any default as the Court thinks fit.

Punishment for unlawful harassment of debtors.

40:--

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

(3) Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose�

(a) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(b)of the enforcement of any liability by legal process.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than �100, and on a second or subsequent conviction to a fine of not more than �400.