Now, therefore, I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, in exercise of the powers conferred upon me by section 4 and section 8 of the Foreign Compensation Act, 1950, do hereby approve the said rules in the form set out in the schedule hereto and direct that they shall come into operation on the 2nd day of July, 1956.

SCHEDULE

“The Foreign Compensation Commission in exercise of their powers under section 4 of the Foreign Compensation Act, 1950, hereby make the following Rules:—

Citation and Revocation

1.—(1) These Rules may be cited as the Foreign Compensation Commission Rules, 1956.

(2) The Foreign Compensation Commission Rules, 1950(1) are hereby revoked.

  

Interpretation

2.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

“The Act” means the Foreign Compensation Act, 1950.

“Adjudication” means any meeting of not less than two Commissioners for the purpose of determining an application or any part thereof, either provisionally or on review, whether such determination takes place by way of oral hearing or otherwise.

“The Commission” means the Foreign Compensation Commission.

“Fund” means any fund into which any sums are paid pursuant to an Order in Council made under the Act.

“Legal Officer” means the Legal Officer appointed by the Commission to represent the interests of any fund and any person authorised by the Commission to act on his behalf.

“Pleading” means the Application (or any document accepted by the Commission in lieu thereof) in the event only of an Answer being filed under Rule 12; the Answer; the Reply; and any amendment of or particulars delivered in respect of the above documents.

“The Secretary” means the Secretary of the Commission and any person authorised by the Commission to act on his behalf.

(2) Expressions defined in any Order in Council conferring jurisdiction on the Commission shall have the meanings therein assigned to them.

(3) The Interpretation Act, 1889, shall apply to the interpretation of thes1e Rules as if they were an Act of Parliament.

  

Language of Proceedings and Translations

3.—(1) All applications to and the proceedings of the Commission shall be in the English language.

(2) The Commission may at any time order that an English translation shall be made of any measure or other document, and any copy of a translation so made or submitted by the Applicant may be certified by the Secretary to be a true translation and shall thereafter be accepted without challenge in any proceedings.

(3) The Commission may appoint Interpreters to interpret oral evidence in any proceedings or translate documents for the use of the Commission and the Legal Officer.

(4) The Commission may appoint language arbiters to whom any disputed question of translation or interpretation shall be referred, and the decision of any language arbiter shall be accepted as final.

  

Power to receive Evidence

4.  The Commission shall not be bound by rules of evidence and may admit in evidence any document or any statement whether on oath or not which they deem to have probative value, but no such document or statement may without leave of the Commission be used unless it has been disclosed to the Applicant or the Legal Officer, as the case may be, not more than 28 days after the delivery of a Reply in accordance with Rule 13, or, if none has been so delivered, after the expiry of the time limited therefor, and in the case of such a statement the Commission may direct that it shall not be used unless the maker thereof is produced for cross-examination.

  

Public Hearing

5.  Subject to any direction given by the Commission every oral hearing shall be in public.

  

Claims for Compensation

6.  Unless the Commission otherwise order, compensation shall be claimed by an application in the appropriate form issued by the Commission and shall be signed by the Applicant or in the case of a corporation shall bear its seal. Applications shall be addressed to the Commission and delivered by post or otherwise and their receipt shall be acknowledged.

  

Time for Applications

7.  No application can be considered which has not reached the Commission on or before the date fixed in the relevant Order in Council:

Provided that—

(a)if the Applicant delivered on or before the said date a part of the relevant Application Form as therein directed, he shall be deemed to have complied with this Rule;

(b)any other part of the relevant Application Form shall be delivered on or before a date fixed by the Commission.

  

Infants

8.  Application may, if the Commission approve, be made on behalf of an infant—

(a)by his father or guardian,

(b)by any person appointed for the purpose by his father or guardian, or

(c)by a person appointed by the Commission.

  

Joinder of Claims

9.  Several distinct claims may be made in one application provided that they relate to the same foreign state; but if it appears that they cannot conveniently be disposed of together the Commission may give directions for their separate disposal.

  

Register of Applicants

10.—(1) The Secretary shall enter in a Register short particulars of each application and of any amendment thereto.

(2) The Register shall be available for inspection by all Applicants claiming under the same Order in Council, during usual office hours.

(3) Any Applicant may inform the Legal Officer of any objection he may have to the claim of any other Applicant and the grounds thereof.

  

Unopposed Applications

11.—(1) The Legal Officer may at any time file with the Secretary a statement recommending the Commission to admit a claim and the Commission may determine the matter accordingly.

(2) Before making a determination the Commission may require the Applicant to make a statutory declaration of the statements by which he has supported his claim.

  

Answer

12.  If the Legal Officer is not prepared to make a recommendation as provided in the preceding Rule or the Commission do not accept it, if made, he shall file an Answer setting out any matters affecting the Application which in his view the Commission should consider. A copy of the Answer shall be served on the Applicant.

  

Reply

13.  The Applicant shall have the right within 21 days after service of the Answer to deliver to the Secretary a Reply, together with any further particulars, and a copy thereof for service on the Legal Officer.

  

Further and better Particulars

14.  Where the Applicant or the Legal Officer refuse or fail to supply further and better particulars when requested to do so in writing, the Commission may, upon a request being made, give directions for the delivery of such particulars.

  

Oral Hearing

15.—(1) The Applicant may at any time within 28 days after service of the Answer or with his Reply, whichever is the later, make a demand in writing to the Commission for a determination of his application by way of oral hearing.

(2) If the Applicant elects or the Commission decide that there shall be an oral hearing, the Applicant may apply at any time for a date and place to be fixed or the Commission may of their own motion fix the same. Notice shall be given to the Applicant by the Secretary of the date and place and of any adjournment of the hearing.

  

Preliminary Determinations

16.  On the request of the Applicant or the Legal Officer or of their own motion the Commission may at any time order a preliminary adjudication upon any question of law or issue of fact.

  

Written Arguments

17.  If the Applicant does not demand an oral hearing he may at any time submit a written argument within 28 days of the service of the Answer or with his Reply, whichever is the later, not containing allegations of fact other than those which he has already pleaded, and thereupon the Commission may, without further reference to him, make a determination after considering any submissions which the Legal Officer may make.

  

Consultation with Legal Officer

18.—(1) The Legal Officer may, a reasonable time before the adjudication, request the Applicant, either in writing or by attending at his office, to limit and define the issues to be determined and agree any further information to be supplied.

(2) Any dispute under this Rule may be referred to a Commissioner who may direct that no adjudication shall take place until such directions as may be given by him have been complied with.

(3) No admission or agreement as to any question of law or fact by the Legal Officer shall bind the Commission, but if they require further proof or argument in support thereof an adjournment shall, if necessary, be granted to enable the Applicant to produce the same.

  

Amendments

19.—(1) Subject to the provisions of the next following Rule, a pleading may be amended:—

(a)without leave, until 28 days have elapsed following the delivery of a Reply in accordance with Rule 13, or, if none has been so delivered, following the expiry of the time limited therefor;

(b)thereafter only with the leave of the Commission.

(2) A copy of the amendment shall be delivered to the Secretary with a copy for service on the Applicant or the Legal Officer, as the case may be.

(3) No consequential amendment of any document mentioned in Paragraph (1) of this Rule shall be required if it would consist of a mere denial.

  

Change of Applicant

20.—(1) With the written consent of the Legal Officer and of any existing and proposed new Applicant, an Applicant may be removed or a new Applicant may at any time be added.

(2) If any of the consents above mentioned are not forthcoming, a request may be made for an order for such proposed change of Applicant:

Provided that on such request no existing Applicant shall be removed or new Applicant added without his consent in writing.

(3) If such change of Applicants has been made by consent any new application form or new pleading or amendment of either, which may be consequential upon such change, shall be delivered in accordance with these Rules; if such change has been made by order, such directions as may seem necessary shall be given in the order.

  

Associated Applications

21.  Where there are pending at the same time two or more applications which could, in the opinion of the Commission, be conveniently taken together, the Commission may, on the request of an Applicant or the Legal Officer or of their own motion, order that such several applications or parts thereof shall be adjudicated at the same time. Upon making such order the Commission shall give any consequential directions that may be required.

  

Determination of Issues of General Importance

22.—(1) If at any time it appears to the Commission to be desirable that any question of law or fact, which is common to any substantial number or class of applications, should be determined in respect of all such applications, they may give notice to all Applicants who in their discretion they consider would be affected by the decision, stating the question to be determined and fixing a time and place for a preliminary hearing before not less than two Commissioners who may:—

(a)amend the form of the question to be determined;

(b)limit the number and appoint the Applicants who may be heard in support of any particular answer to the question;

(c)appoint a time and place for the hearing, no further notice of which shall be required;

(d)direct the Legal Officer to present the evidence or argument in support of any answer to the question which it may appear would not otherwise be adequately presented, but without prejudice to his right, if no such direction is given, to support such answer as may seem to him proper;

(e)make such other order as may be deemed expedient.

(2) The determination of any such question shall be binding in any future proceeding and in any review of any provisional determination, in which it may arise.

  

Oaths

23.  Any member of the Commission shall have power to administer an oath to or take the affirmation of any Applicant or witness and to require any such person to take such oath or make such affirmation and to answer any question to which the Commission may legally require an answer.

  

Expert Witnesses and Reports

24.—(1) Unless the Commission otherwise direct, not more than one expert witness in respect of each technical aspect of the application shall be called by the Applicant or the Legal Officer.

(2) The Commission may at any time, on the request of the Applicant or the Legal Officer or of their own motion, order that a report be provided by any person nominated by the Commission on any matter which they are to consider, and a copy thereof shall be supplied to the Applicant and the Legal Officer to enable them to comment thereon or to apply to the Commission for leave to cross-examine the maker thereof.

  

Summonses to Witnesses and Orders to forward Documents

25.—(1) A summons for any person to attend to give evidence and to produce documents shall be in Form A of the Appendix to these Rules and an order to forward documents shall be in Form B, with such variations as circumstances may require.

(2) Where any Applicant or the Legal Officer desires a summons or order to issue the Secretary shall issue the same and shall, in the case of a summons in Form A, specify therein a sum to be tendered to the person to be summoned to attend which shall be reasonably sufficient to cover his expenses in travelling to and from the place of hearing.

(3) The Applicant or Legal Officer, as the case may be, shall serve with the summons an undertaking, in Form D of the Appendix, to pay to the person summoned to attend compensation for loss of time and any additional expenses which are certified by the Secretary to have been reasonably incurred.

(4) Each summons or order shall contain the name of one person only and shall be served personally a reasonable time before the date fixed for adjudication.

(5) No summons or order issued pursuant to this Rule shall be valid, unless it is served upon the person named therein within 12 weeks from the date of signature by the Secretary and unless the conditions contained therein with regard to the payment of expenses and loss of time are complied with.

(6) A person served with a summons to attend to give evidence may apply to the Commission to set aside the same, whereupon notice shall be sent by the Secretary to the person at whose instance the summons was issued.

  

Orders to Furnish Information

26.  The Applicant or the Legal Officer may at any time apply to the Commission for, or the Commission may of their own motion issue, an order in Form C of the Appendix to these Rules, with such variations as circumstances may require, addressed to any person to furnish such written information as may be specified in the order.

  

Power to Inspect

27.  Where in response to an order under Rule 25 or Rule 26 the person to whom it is addressed forwards to the Commission any documents or a statement, the Secretary shall forthwith inform the Applicant and the Legal Officer, who shall be entitled to inspect and take copies thereof. If any such document or statement is used by the Applicant or the Legal Officer it shall be treated as though it had been disclosed in accordance with the provisions of Rule 4.

  

Taking Evidence Abroad

28.  The Commission may give such directions for the taking of evidence abroad and of the manner thereof as may be deemed expedient.

  

Time

29.  The time appointed by these Rules, other than Rule 7, for doing any act or taking any step in proceedings:—

(a)shall, if the act is to be done or the step taken by a person normally resident outside the United Kingdom of Great Britain and Northern Ireland, be extended by one month, and, irrespective of any such extension,

(b)may be extended—

(i)by consent, for no more than one month in all, or,

(ii)if the Commission so order, for any period in their discretion, although the request therefor is not made until after the expiration of the time appointed.

  

Applications in the Course of Proceedings

30.—(1) Save as otherwise provided in these Rules, any Commissioner may, if an Applicant or the Legal Officer requests it or the Commission so order, give directions of an interlocutory nature in connection with any proceedings.

(2) If notice of appeal is delivered to the Secretary within 7 days by an Applicant or the Legal Officer, and the Commissioner gives leave, an appeal shall lie from his decision to two other Commissioners.

  

Service by Post

31.  Save as otherwise provided in these Rules any notice or other document required or authorised to be served on any person for the purpose of these Rules shall be deemed to have been duly served if sent by pre-paid post to that person at his ordinary address or to his address for service specified in any notice given under these Rules.

  

Copies of Notices and Requests

32.  All notices and requests to the Commission or to the Secretary shall be in writing and a copy thereof shall at the same time be served on the Applicant or the Legal Officer, as the case may be.

  

Right of Audience

33.—(1) Save as provided in sub-paragraph (2) hereof the following persons only may address the Commission:—

(a)an Applicant, other than a corporation. A corporation shall be represented by a barrister or solicitor retained on its behalf or with leave of the Commission in case of hardship by a member of the Board of Directors or by its Secretary;

(b)the Legal Officer;

(c)a barrister retained by or on behalf of an Applicant or the Legal Officer;

(d)a solicitor acting generally in the proceedings for an Applicant or a solicitor acting as agent for that solicitor, but not a solicitor retained as an advocate by a solicitor so acting.

(2) At any hearing before one Commissioner and on the hearing of any appeal therefrom the right of audience shall extend to any person in the regular employment of a solicitor.

(3) A person having in Scotland, Northern Ireland or any part of the British Commonwealth, qualifications and rights of audience similar to those of a barrister or solicitor in England shall have the same right before the Commission.

  

Non-compliance with Rules

34.  Non-compliance with any of these Rules shall not render void any proceedings unless the Commission shall so direct.

  

Determination and Notice thereof

35.  The determination by the Commission of all matters save as otherwise provided by these Rules shall be made by not less than two Commissioners and a notice thereof shall be given to the Applicant and the Legal Officer, and it shall not be necessary for the Commission to meet for the purpose of announcing their determination.

  

Selection of Commissioners

36.—(1) The Chairman, or in his absence the Deputy Chairman, may select the Commissioners required to hear and determine any particular application or group of applications or any matter arising therein, and may from time to time vary the Commissioners selected, and where more than one Commissioners is required shall appoint the Commissioner who is to preside.

(2) Where the Chairman, or in his absence the Deputy Chairman, has appointed any other Commissioner to preside over any Commissioners selected as aforesaid, the Commissioner so presiding may exercise the like power of substituting one Commissioner for another to hear and determine that application or group of applications.

(3) If in the course of any hearing one or more of the Commissioners so appointed becomes unable to attend another Commissioner may, with the consent of the Applicant, in like manner be appointed.

  

Majority Decision

37.  In case of disagreement the majority decision of the Commissioners sitting shall prevail. If equally divided the determination of the presiding Commissioner shall be decisive.

  

Provisional Determinations and Reviews

38.—(1) All determinations of the Commission, including those mentioned in Rule 11 but not in Rule 22, shall be provisional and subject to review.

(2) The Applicant and the Legal Officer shall not be entitled without leave to submit written arguments or to give oral evidence to the Commission upon a review save that:—

(a)the Applicant shall be so entitled if the Commission propose to disallow or reduce the amount of the claim allowed; and

(b)the Legal Officer shall be so entitled if the Commission propose to increase it, or to admit a claim provisionally disallowed.

(3) There shall not be more than one review of any application.

  

APPENDIX

EXPLANATORY NOTE

These Rules replace the Foreign Compensation Commission Rules, 1950, and make a number of changes, including:

• (1) Applications must in future be received within the time fixed by the Order in Council under which the claim is made; the times allowed for taking other steps in proceedings have been altered in some cases so as to prevent unnecessary delay (Rule 7, etc.);

• (2) If the Commission approve, a father, guardian or other person may be appointed to act on behalf of an infant (Rule 8);

• (3) Determinations of the Commission may be made by two Commissioners, instead of three (Rule 35).