Treaty of Peace (ROUMANIA) Order, 1948

JurisdictionUK Non-devolved
CitationSI 1948/117

1948 No. 117

PEACE TREATIES

4. Italy

THE TREATY OF PEACE (ITALY) ORDER, 1948.

26thJanuary 1948

28thJanuary 1948

2ndFebruary 1948

At the Court at Buckingham Palace, the 26th day of January, 1948.

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas at Paris on the tenth day of February, nineteen hundred and forty-seven a Treaty of Peace with Italy (hereinafter referred to as "the Treaty") was signed on behalf of His Majesty:

And whereas the Treaty contains amongst others the provisions set out in the First Schedule hereto:

10 & 11 Geo. 6. c. 23.

And whereas by Section 1 of the Treaties of Peace (Italy, Roumania, Bulgaria, Hungary and Finland) Act, 1947 (hereinafter referred to as "the Act") it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council, and do such things as appear to Him to be necessary for carrying out the Treaty, and for giving effect to any provisions of the Treaty, and that any Order in Council made under the Act might provide that persons contravening or failing to comply with provisions of the Order should be guilty of offences against that Section, and that (except in so far as any such Order might provide for lesser penalties) any person guilty of an offence against that Section should be liable to such penalties as were therein mentioned:

And whereas the Treaty contained the provisions set out in the First Schedule to this Order, and it is expedient for giving effect to the aforesaid provisions of the Treaty that the provisions hereinafter contained should have effect:

53 & 54 Vict. c. 37.

And whereas by Treaty, grant, usage, sufferance or other lawful means His Majesty has power and jurisdiction in the territories specified in the Second Schedule hereto which territories are in this Order together referred to as "Protected Territories," and is pleased by virtue and in exercise of the power vested in Him by the Foreign Jurisdiction Act, 1890, or otherwise to extend the provisions of this Order to the Protected Territories:

Now, therefore, His Majesty, in pursuance of the said Section and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—

1. So far as they are by their nature capable of so doing the provisions of the Treaty set out in the First Schedule hereto shall be and have effect as law and for the purpose of carrying out those provisions the following provisions shall have effect:—

(1) In this Article the expression "property, rights or interests" includes real and personal property, and any estate or interest in real or personal property, any negotiable instrument, any debt or other chose in action, and any other right or interest, whether in possession or not;

(2) All property, rights or interests, being property, rights or interests to which this paragraph applies, are, subject to the provisions of paragraph 7 of this Article, hereby charged with the amounts due at the date when the Treaty came into force in respect of claims by His Majesty (otherwise than in the right of his Government in the Dominions) and by British nationals (other than British nationals ordinarily resident in any of the Dominions) against the Government of Italy or Italian nationals including debts owing to Him or them by the Government of Italy or Italian nationals, other than claims fully satisfied under any Articles of the Treaty other than Article 79:

Provided that any such property, rights or interests so charged as aforesaid or the proceeds thereof may (i) on the direction of the Treasury, be transferred by the Administrator hereinafter mentioned, free of any such charge in accordance with the provisions of any Agreement on the resolution of conflicting claims to Italian property, rights or interests to which His Majesty may be a party or in accordance with the terms of any other Agreement with the Government of Italy affecting the said property, rights or interests to which His Majesty is or may be a party; and (ii) on the direction of the Board of Trade be released by the said Administrator from the said charge;

(3) Paragraph (2) of this Article applies to any property, rights or interests within His Majesty's Dominions and Protected Territories (except the Dominions) belonging to or held or managed on behalf of the Government of Italy or an Italian national and shall include:—

2 & 3 Geo. 6. c. 89.

(i) Any such property, rights or interests in the possession of a Custodian of Enemy Property under or by virtue of an Order made by the Board of Trade under Section 7 of the Trading with the Enemy Act, 1939, and the net proceeds of the sale, liquidation or other dealings by a Custodian of Enemy Property with any such property, rights or interests that are or have been in his possession as aforesaid;

(ii) property, rights or interests which have been subject to control by reason of a state of war existing between Italy and His Majesty,

but shall not include:—

(a) property, rights or interests specified in sub-paragraphs (a) to (g) of paragraph 6 of Article 79 of the Treaty;

(b) property, rights or interests acquired under any authority given under the Trading with the Enemy Act, 1939;

(c) property, rights or interests which would be forfeited or determined if so charged as aforesaid;

(4) With a view to making effective and enforcing such charge as aforesaid;

(a) The Board of Trade may appoint on such terms as they may specify an Administrator who shall act under the general direction of the Board and shall have such powers and duties as are hereinafter provided;

(b) if an Administrator dies or for any other reason ceases to hold office as such, the Board of Trade may appoint a successor, and may by Order vest in such successor any property, rights or interests which were vested in the first-mentioned Administrator at the time of his dying or ceasing to hold office;

(c) the Administrator shall be assisted by such officers and servants as the Board of Trade, subject to the consent of the Treasury, determine and there shall be paid to the Administrator and to such officers and servants such salaries or other remuneration as the Treasury may determine;

(5) (a) If any person without the consent of the Administrator, transfers, disposes of, or otherwise deals with any property, rights or interests subject to the charge, or pays any debt subject thereto, he shall be guilty of an offence against Section 1 of the Act, and any such transfer, disposal, dealing or payment shall be void; provided that it shall be a defence for any person charged with an offence under this sub-paragraph to prove that he did not know and had reasonable cause for not knowing that the property, right or interest was subject to the charge or that he had reasonable cause for believing that any necessary consents had been obtained;

(b) no property, rights or interests subject to the charge shall be liable to be attached or taken in execution;

(c) every person holding or having the control or management of any property, rights or interests, or owing any debt, subject to the charge (including when the property, rights or interests consist of shares, stock or other securities issued by a company, municipal authority or other body, or any right or interest therein, such company, authority or body) shall, unless particulars thereof have already been furnished to a Custodian of Enemy Property in accordance with the Trading with the Enemy Act, 1939, or Orders made thereunder, within three months from the date upon which this Order comes into operation by notice in writing communicate the fact to the Administrator and shall furnish the Administrator with such particulars in relation thereto as the Administrator may require, and if any person knowingly fails to do so or furnishes any information false to his knowledge in a material particular he shall be guilty of an offence against Section 1 of the Act;

(d) the Court may on the application of the Administrator require any person known or suspected to have in his possession or under his control any property, rights or interests subject to the charge, including any person known or suspected to owe a debt to the Italian Government or to an Italian national, or any person whom the Court may consider capable of giving information with respect to the same, subject to payment or tender of reasonable expenses of his attendance, to attend as a witness and to give evidence or produce documents before the Court or before such officer as the Court may appoint for the purpose of examining into the matter, who shall have power to take evidence and administer oaths, and if any person fails without reasonable excuse to comply with any of the provisions of the order he shall be guilty of an offence against Section 1 of the Act and on any such examination the Administrator shall be entitled to appear and be represented and to examine any such person;

for the purposes of this sub-paragraph "the Court" means the High Court or in Scotland the Court of Session;

the Lord Chancellor, or in Scotland, the Court of Session may make rules for regulating the procedure under this sub-paragraph;

(e) when the property charged consists of property transferable by delivery, any person having the possession, control or management of the property shall, on being so required by the Administrator, deliver the property to him, and the Administrator shall have power to sell or otherwise deal with the property so delivered to him;

(f) when the property charged consists of any sum of money due to the Government of Italy or an Italian national it shall be paid to the Administrator who shall have power to enforce the payment thereof, and for that purpose shall have all such rights and powers as if he were the creditor;

(g) a certificate by the Administrator that any property, rights or interests are subject to the charge shall be prima facie evidence...

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