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Foreign Compensation Act 1969

1969 CHAPTER 20

F1An Act to make provision with respect to certain property (including the proceeds thereof and any income or other property accruing therefrom) of persons formerly resident or carrying on business in Estonia, Latvia, Lithuania or a part of Czechoslovakia, Finland, Poland or Rumania which has been ceded to the Union of Soviet Socialist Republics, and to amend the Foreign Compensation Act 1950.

[16th May 1969]

Textual Amendments

F1Preamble (not shown in the version of the Act as printed in Statutes in Force) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. II Group 2

Commencement Information

I1Act wholly in force at Royal Assent.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

2 Amendments of Foreign Compensation Act 1950.U.K.

(1)The powers conferred by section 3 of the M1Foreign Compensation Act 1950 (claims to, and distribution of, compensation paid by foreign governments) shall be exercisable if Her Majesty’s Government in the United Kingdom enter into or contemplate an agreement with the government of any other country (whether foreign or not) providing for the payment of compensation by the latter government; and accordingly in that section for the words “any foreign country” there shall be substituted the words “any other country”.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3)An Order in Council may be made under the said section 3 not only in the circumstances therein mentioned, but also if it appears to Her Majesty expedient to provide, in case agreement is reached between Her Majesty’s Government in the United Kingdom and the government of any other country for the payment of compensation by the latter, for the registration, investigation and determination of claims to such compensation.

(4)Section 2(3) of the Foreign Compensation Act 1950 (appointment by Commonwealth governments of additional members of the Foreign Compensation Commission for the purpose of determining claims to compensation paid by the Governments of Yugoslavia and Czechoslovakia) shall cease to have effect.

Textual Amendments

Modifications etc. (not altering text)

C1The text of s. 2(1) is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

C2The text of s. 2(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

3 Determinations of the Foreign Compensation Commission and appeals against such determinations.U.K.

(1)The Foreign Compensation Commission shall have power to determine any question as to the construction or interpretation of any provision of an Order in Council under section 3 of the M2Foreign Compensation Act 1950 with respect to claims falling to be determined by them.

(2)Subject to subsection (4) below, the Commission shall, if so required by a person mentioned in subsection (6) below who is aggrieved by any determination of the Commission on any question of law relating to the jurisdiction of the Commission or on any question mentioned in subsection (1) above, state and sign a case for the decision of the Court of Appeal.

(3)In this section “determination” includes a determination which under rules under section 4(2) of the Foreign Compensation Act 1950 (rules of procedure) is a provisional determination, and anything which purports to be a determination.

(4)Where the Court of Appeal decide a question on a case stated and signed by the Commission on a provisional determination in any proceedings, subsection (2) above shall not require the Commission to state and sign a case on a final determination by them of that question in those proceedings.

(5)Any person mentioned in subsection (6) below may, with a view to requiring the Commission to state and sign a case under this section, request the Commission to furnish a written statement of the reasons for any determination of theirs, but the Commission shall not be obliged to state the reasons for any determination unless it is given on a claim in which a question mentioned in subsection (2) above arises.

(6)The persons who may make a request under subsection (5) above or a requirement under subsection (2) above in relation to any claim are the claimant and any person appointed by the Commission to represent the interests of any fund out of which the claim would, if allowed be met.

(7)Any such request or requirement must be in writing, and—

(a)any such request may be disregarded unless it is received by the Commission within the period of four weeks beginning with the date on which the Commission send notice of the determination in question or such other period as may be provided for by or under rules under section 4(2) of the Foreign Compensation Act 1950; and

(b)any such requirement may be disregarded unless it is received by the Commission within the period of eight weeks beginning with that date or the period of four weeks beginning with the date on which the Commission send a statement of reasons for the determination in question, whichever expires last, or within such other period as may be provided for by or under rules of court.

(8)Notwithstanding anything in section 3 of the M3Appellate Jurisdiction Act 1876 (right of appeal to the House of Lords from decisions of the Court of Appeal), no appeal shall lie to the House of Lords from a decision of the Court of Appeal on an appeal under this section.

(9)Except as provided by subsection (2) above and subsection (10) below, no determination by the Commission on any claim made to them under the M4Foreign Compensation Act 1950 shall be called in question in any court of law.

(10)Subsection (9) above shall not affect any right of any person to bring proceedings questioning any determination of the Commission on the ground that it is contrary to natural justice.

F4(11)(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Interpretation.U.K.

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any reference in this Act to any enactment or regulation is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

5 Short title.U.K.

This Act may be cited as the Foreign Compensation Act 1969.