Foreign Compensation (Poland) (Nationalisation Claims) Order, 1956
| Jurisdiction | UK Non-devolved |
1956 No. 618
The Foreign Compensation (Poland) (Nationalisation Claims) Order, 195624thApril 1956
28thApril 1956
30thApril 1956
At the Court at Buckingham Palace, the 24th day of April, 1956
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Foreign Compensation Act, 1950(a) (hereinafter referred to as "the Act"), provides for the constitution for the purposes of the Act of a Commission, to be called the Foreign Compensation Commission (hereinafter referred to as "the Commission"):
And Whereas toy Section 3 of the Act Her Majesty is authorised, if Her Majesty'is Government in the United Kingdom (hereinafter referred to as "Her Majesty's Government") enter into or contemplate an agreement with the government of any foreign country providing for the payment of compensation by the latter government, to make provision by Order in Council for the determination by the Commission of claims to participate in such compensation, and for the distribution by the Commission of any sums paid to them by Her Majesty's Government, being sums received under the agreement:
And Whereas an Agreement (hereinafter referred to as "the Agreement") entered into between Her Majesty's Government and the Government of Poland on the eleventh day of November, 1954(b), provided for the payment of certain sums by the Government of Poland to Her Majesty's Government as compensation in respect of British property, rights and interests affected by the Polish measures of nationalisation, expropriation and other similar measures which are set out in the Schedule to the Agreement and by regulations made under the aforesaid Polish measures:
And (Whereas a Minute concerning compensation for British interests affected by the Polish Law of 3rd January, 1946, regarding the taking over by the State of the basic branches of the national economy, signed in Warsaw on 31st October, 1947(c), (hereinafter referred to as the Minute of 31st October, 1947) contained the provisions set out in Part I of the Second Schedule to (this Order; and, under the Agreement, such provisions of the Minute of 31st October, 1947, as are consistent with the provisions of the Agreement continue in force:
And Whereas by Sub-section (1) of Section 4 of the Act, Her Majesty is authorised by Order in Council to prescribe the number of members of the Commission for the determination on their behalf of applications under the Act:
And Whereas by Sub-section (1) of Section 7 of the Act, Her Majesty is authorised by Order in Council to make provision (inter alia) for the management and investment of any moneys in the hands of the Commission and for disposal of any sums in their hands which it is not practicable to distribute:
(a) 14 Geo. 6. c. 12.
(b) "Treaty Series No. 77 (1954)," Cmd. 9343.
(c) "Treaty Series No. 23 (1948)," Cmd. 7403.
And Whereas it is now deemed expedient that provision should be made in pursuance of the afore-mentioned provisions of Sections 3, 4 and 7 of the Act:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. The Commission shall pay into a fund, to be called the Polish (Nationalisation Claims) Fund (hereinafter referred to as "the Fund"), all such sums as may be paid to them by Her Majesty's Government, being sums received under the Agreement as compensation in respect of British property affected directly or indirectly by the Polish measures of nationalisation, expropriation and other similar measures set out in the First Schedule to this Order, and by regulations made under the aforesaid Polish measures.
2.—(a) Any sum standing to the credit of the Fund may be temporarily invested by the Commission in such manner as the Treasury may authorise.
(b) All interest, dividends and other sums received by the Commission as a result of any investment made by them of any sum standing to the credit of the Fund shall be paid into the Fund.
3.—(a) The Commission shall make payments out of the Fund to every person who has made application and established a claim under this Order and who applies to the Commission for payment.
(b) If any person who has made application and established a claim under this Order shall have died before the amounts payable to him under Articles 4 and 5 of this Order have been paid to him, such payments or the balance thereof shall be made to his legal personal representatives if they apply to the Commission for payment.
(c) If any person who has made application and established a claim under this Order is an infant at the date when the amounts payable to him under Articles 4 and 5 of this Order are due to be paid, the Commission may make payment thereof into the Supreme Court or, if the amount thereof does not exceed five hundred pounds, into the County Court for the district in which the infant resides, under the provisions of the Trustee Act, 1925(a).
4.—(a) The payment in respect of each claim established under this Order shall be a fraction of the distributable amount of the Fund equal to the proportion which the assessed amount of the claim bears to the total of the amounts assessed with respect to all claims established under this Order.
(b) The distributable amount shall be the total of all sums paid into the Fund after the deduction of any payments made therefrom into the Exchequer in accordance with any Order in Council made under Sub-section (2) of Section 7 of the Act.
5.—(a) Whether or not all claims under this Order have been finally determined, the Commission may from time to time make interim payments to the persons referred to in Article 3 of this Order. For this purpose the Commission may vary the amount which, under the rules regulating the procedure of the Commission made under Section 4 of the Act (hereinafter referred to as "the rules for the time being of the Commission "), has been provisionally awarded in respect of any claim, either by increasing or decreasing the amount.
(b) Interim payments made under the provisions of this Article shall be made:
(i) on account of future payments to be made under Article 4 of this Order: and
(ii) at a uniform rate upon the amount at which the claim has been assessed in accordance with...
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