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The Foreign Compensation (Czechoslovakia) Order 1982

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2.  In this Order:—

Bond” means a bond or other document of title in respect of a loan or obligation issued or guaranteed before 1st June 1953 by the Czechoslovak Government or by any other public authority in Czechoslovakia.

Czechoslovak measure” means any measure of nationalisation, expropriation, confiscation, dispossession, liquidation, state administration or other restrictive measure affecting property taken by the Czechoslovak Government, or any measure taken by the Czechoslovak Government under which a person was deprived of the legal right to recover a debt; and for this purpose any such measure promulgated in the form of a Slovak Decree or law shall be treated as having been taken by the Czechoslovak Government.

Debt” means a sum due or owing, or a claim for unliquidated damages, or a sum deposited in a bank in Czechoslovakia but not transferred, in respect of:—

(a)

a contract for the sale of goods whether executed or not or a bill of exchange given for the discharge of obligations under any such contract,

(b)

the servicing, preservation, transport, insuring or advertising of goods, whether or not the goods are the subject of any such contract as aforesaid,

(c)

an agency contract, other than one relating to a contract of insurance or to a treaty or contract of reinsurance,

(d)

a contract for the payment of royalties or for the manufacture of goods under licence,

(e)

training, professional or agency charges or disbursements,

(f)

a contract of insurance (including life and endowment assurance but not including a treaty or contract of reinsurance) concluded with an insurance company incorporated or constituted in Czechoslovakia,

(g)

shipping or transport services,

(h)

an advance, loan, acceptance credit, or other similar facility, or

(i)

a judgment debt.

Internal Bond” means a bond denominated in Czechoslovak currency.

Material time” means any time or date at which it is material for the purposes of this Order to determine whether or not a person is a United Kingdom national.

Predecessor in title” means any person from whom, whether directly or indirectly, a person making application under this Order (including a trustee) has succeeded, whether by assignment or otherwise, to the property or claim to which the application relates.

Propertyincludes all rights or interests of any kind in property, and, except where the context otherwise requires, a balance in a bank, a pension (including contributions towards a pension) and (but only as defined in this Article of the Order) a bond, a share and a debt.

Relevant date” means the date of publication of the Czechoslovak measure by or under which the property or the debt to which the claim relates was affected, or, if such measure was first applied to the property or the debt on a date other than the date of publication of the measure, the date on which the applicant, or his predecessor in title, was deprived of title to or enjoyment of the property, or of the legal right to recover the debt.

Rules of the Commission” means rules made by the Commission with the approval of the Lord Chancellor under section 4(2) of the Foreign Compensation Act 1950 regulating the procedure of the Commission in determining applications made under this Order.

Shareincludes stock, a debenture, debenture stock and any funded obligation of a corporation.

Trusteeincludes a personal representative of a deceased person or a nominee; and “beneficiaryshall have a corresponding meaning.

United Kingdom national” means:—

(a)

any individual who was at the material time, or who as regards any material time prior to 1st January 1949 would have been had the British Nationality Act 1948 and the British Protectorates, Protected States and Protected Persons Order in Council 1949 been in force at that time, a citizen of the United Kingdom and Colonies, a British subject by virtue of section 2, 13 or 16 of that Act or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948;

provided that:–

(i)

as regards any material time prior to 16th May 1948, the expression “British protected person” shall be deemed to include a person who was at that time a Palestinian citizen under the Palestinian Citizenship Orders 1925 to 1942(1); and

(ii)

any individual who was a British subject at any time before the date of the commencement of the said Act of 1948 only by virtue of the provisions of the Act of 1705, (2) intituled “An Act for the Naturalization of the Most Excellent Princess Sophia Electress and Duchess Dowager of Hanover and the Issue of Her Body”, shall be deemed not to be a United Kingdom national;

(b)

any corporation, firm or association incorporated or constituted under the laws in force in the United Kingdom or in any territory for whose international relations Her Majesty's Government in the United Kingdom were, at the material time, responsible;

(c)

any individual who as regards any material time after 31st December 1949 and prior to 18th April 1980 was a citizen of Southern Rhodesia or a citizen of Rhodesia and Nyasaland, and any individual who as regards any material time after 31st October 1957 and prior to 17th September 1963 was a citizen of Singapore;

(d)

Her Majesty's Government in the United Kingdom and the Government of any territory for the international relations of which Her Majesty's Government in the United Kingdom were, at the material time, responsible.

(1)

S.R. & O. 1925/777 1931/671, 1939/863, 1941/1121, 1942/1177.

(2)

1705 c.14.

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