The Foreign Compensation (Union of Soviet Socialist Republics) (Registration and Determination of Claims) Order 1986

22.—(1) The following persons shall be qualified to make application to the Commission for the purpose of establishing claims under this Part of the Order:—

(a) any person who was a British subject at the time when the treatment on which the claim is based occurred;

(b) any person who was at that time a dependant of a person qualified under sub-paragraph (a) above;

(c) a trustee for any person qualified under sub-paragraph (a) above;

provided that no person shall be so qualified unless:—

(d) he was on 15th July 1986 a Commonwealth citizen within the meaning of section 51(2) of the British Nationality Act 1981.

(2) To establish a claim under this Part of the Order, any person making application to the Commission shall be required to establish to the satisfaction of the Commission:—

(a) that he is a person qualified under paragraph (1) of this Article to make such application;

(b) that he (or, if he is a trustee, the person for whom he is a trustee or, if he makes application as a dependant, the person of whom he was at the time when the treatment occurred a dependant) suffered personal injury or death in Russia at the hands of any Russia authority or State official.

(c) that the treatment on which the claim is based occurred on or after 7th November 1917 but before 1st January 1939;

(d) a claim in respect of the personal injury, imprisonment or death in question was entered on the Register.

(3) For the purposes of this Part imprisonment suffered in Russia at the hands of any Russia authority or State official shall be deemed to be personal injury so suffered and the time when the imprisonment began shall be taken to be the time at which the personal injury was suffered.

(4) With respect to any claim established under this Part of the Order the Commission shall without further investigation make an award in the appropriate amount set out in the Schedule to this Order;

provided that if claims are established by more than one dependant in respect of treatment suffered by one person, the amount to be awarded as set out in the Schedule shall be divided in equal shares between the claims so established.