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Limitation (Enemies and War Prisoners) Act 1945

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2Interpretation.

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

  • " action " means civil proceedings before any court or tribunal and includes arbitration proceedings ;

  • " enemy " means any person who is, or is deemed to be, an enemy for any of the purposes of the Trading with the Enemy Act, 1939, except that in ascertaining whether a person is such an enemy the expression " enemy territory " in section two of the said Act shall have the meaning assigned to that expression by this section ;

  • " enemy territory " means :—

    (a)

    any area which is enemy territory as denned by subsection (1) of section fifteen of the Trading with the Enemy Act, 1939 ;

    (b)

    any area in relation to which the provisions of the said Act apply, by virtue of an order made under subsection (1A) of the said section fifteen, as they apply in relation to enemy territory as so defined ; and

    (c)

    any area which, by virtue of Regulation six or Regulation seven of the Defence (Trading with the Enemy) Regulations, 1940, or any order made thereunder, is treated for any of the purposes of the said Act as enemy territory as so denned, or such territory as is referred to in the last foregoing paragraph ;

  • " statute of limitation " means any of the following enactments, that is to say,— the Limitation Act, 1939, section three of the Fatal Accidents Act, 1846, section four of the Employers' Liability Act, 1880, section ten of the Copyright Act, 1911, section eight of the Maritime Conventions Act, 1911, Rule 6 of Article III of the Schedule to the Carriage of Goods by Sea Act, 1924, subsection (1) of section thirteen of the Moneylenders Act, 1927, Article 29 of the First Schedule to the Carriage by Air Act, 1932, section one of the Law Reform (Miscellaneous Provisions) Act, 1934, subsection (1) of section seven of the Matrimonial Causes Act, 1937.

(2)References in this Act to any person who would have been a necessary party to an action shall be construed as including references to any person who would have been such a necessary party but for the provisions of section seven of the Trading with the Enemy Act, 1939, or any order made thereunder.

(3)References in this Act to the period during which any person was detained in enemy territory shall be construed as including references to any period immediately following the period of such detention during which that person remained in enemy territory.

(4)Subsection (2) of section fifteen of the Trading with the Enemy Act, 1939 (which provides that a certificate of a Secretary of State shall, for the purposes of proceedings under or arising put of that Act, be conclusive evidence of certain matters affecting the definition of " enemy territory ") shall apply for the purposes of any action to which this Act relates.

(5)References in this Act to any enactment or to any Defence Regulation shall be construed as referring to that enactment or Regulation as amended by any subsequent enactment or Defence Regulation.

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