Distribution of German Enemy Property Act 1949

8 Interpretations. U.K.

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “German enemy debt” means—

(a) any sum due at the passing of this Act in respect of an obligation incurred before the third day of September, nineteen hundred and thirty-nine, which on that day was an obligation of any of the following persons—

(i) the German State;

(ii) any individual who on that day was a German national resident in Germany;

(iii) any body of persons (whether corporate or unincorporate) which on that day was a body incorporated or constituted in or under the laws of Gemany;

to any of the follwing persons—

(iv) His Majesty’s Government in the United Kingdom;

(v) any British subject or British protected person resident or carrying on business on that day in the United Kingdom;

(vi) any body of persons (whether corporate or unincorporate) which on that day was a body incorporated or constituted under the laws in force in the United Kingdom;

except that where any person or body of persons specified in sub-paragraph (v) or (vi) hereof carried on business on the said day both in and outside the United Kingdom, any sum attributable to the business carried on outside the United Kingdom shall be excluded;

(b) any sum, not included in paragraph (a) hereof, being—

(i) a sum due at the passing of this Act, in respect of any bond of the German External Loan, 1924, or the German Government International 5½ per cent. Loan, 1930, being a bond enfaced in accordance with the Supplementary Agreement for the execution of Article 2 of the Anglo-German Transfer Agreement of the first day of July, nineteen hundred and thirty-eight;

(ii) a sum due on the seventh day of May, nineteen hundred and forty-five, in respect of any bond of the Austrian Government International Loan, 1930, or the Austrian Government Credit Anstalt Bonds, 1936, being a bond enfaced as aforesaid;

(iii) a sum due on the seventh day of May, nineteen hundred and forty-five, in respect of any bond of the Austrian Government International Guaranteed Loan 1933-1953, or the Austrian Government Guaranteed Conversion Loan, 1934-1959, which was in the beneficial ownership of a British holder (within the meaning of Article 4 of the said Anglo-German Transfer Agreement) on the first day of July, nineteen hundred and thirty-eight; or,

(iv) a sum due at the passing of this Act in respect of any bond of the Konversionskasse 4 per cent. Sterling Bonds.

• “German enemy property” means property which, on such day as may be appointed by an Order in Council made under section one of this Act, is, or at any time thereafter becomes, subject to control under section seven of the Trading with the M1 Enemy Act 1939, being property, or the proceeds or income of property, which on or at any time after the third day of September, nineteen hundred and thirty-nine, belonged to, or was held or managed on behalf of,—

(a) the German State;

(b) any individual who, on the said third day of September, nineteen hundred and thirty-nine, or at any time thereafter, was a German national resident in Germany or in any territory under the sovereignty of a State which on or at any time after the said day was at war with His Majesty;

(c) any individual who was a German national on or at any time after the said day and—

(i) was included among the persons specified in any order made under subsection (2) of section two of the Trading with the M2 Enemy Act 1939; or

(ii) was a person whose property became subject to control under section seven of the said Act at a time when he was not an enemy within the meaning of the said Act;

(d) any body of persons (whether corporate or unincorporate) which on or at any time after the said day was a body incorporated of constituted in, or under the laws of, Germany; and

(e) any body of persons (whether corporate or unincorporate) which on or at any time after the said day was controlled by any such individual or body as is mentioned in paragraph (b), paragraph (c) or paragraph (d) hereof;

• “German national” does not include any person who acquired German nationality by reason of the inclusion in the German State after the first day of March, nineteen hundred and thiry-eight, of any territory not comprised therein on that day.

• “Germany” means territory comprised in the German State on the first day of March, nineteen hundred and thiry-eight;

• “property” means real or personal property, and includes any estate or interest in real or personal property, any money, any negotiable instrument, debt or other chose in action, and any other right or interest whether in possession or not.

(2) For the purposes of this Act, a person who at any time was resident in Germany shall be deemed to have been a German national at that time unless it is proved to the satisfaction of the administrator, within such time and in such manner as may be prescribed by an Order in Council or order made under section one of this Act, that he was not a German national at that time.

(3) For the purposes of this Act, property which, or the right to transfer which, is vested in any custodian of enemy property appointed under section seven of the Trading with the M3 Enemy Act 1939 and property which, by virtue of any order made under the said section seven, cannot be dealt with without the consent of the Board of Trade, shall be deemed to be subject to control under the said section seven.

(4) Any reference in this Act to the Trading with the M4 Enemy Act 1939 shall be construed as a reference to that Act as amended by or under any other Act.

Modifications etc. (not altering text)

C1 Definition of “German enemy debt” extended retrospectively by Distribution of German Enemy Property Act 1952 (c. 30), s. 1.

Marginal Citations

M1 1939 c. 89.

M2 1939 c. 89.

M3 1939 c. 89

M4 1939 c. 89.