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The Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Germany) Order 1949

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

1.  The Treasury do hereby sanction

(a)any assignment of a chose in action which, on or after the date of this Order, comes into the ownership of an authority or a person to whom this Order applies,

(b)any transfer of a negotiable instrument issued on or after that date, and

(c)any transfer of any security transferable by delivery, not being a bond, a coupon or a negotiable instrument, which on or after that date comes into the ownership of an authority or a person to whom this Order applies,

being an assignment or transfer made on or after the date of this Order within the authority given by the Trading with the Enemy (Authorisation) (Germany) Order, 1949 (1), by or on behalf of an authority or a person to whom this Order applies.

2.  This Order shall apply

(a)to any government, public or other authority in Germany,

(b)to any individual resident in Germany,

(c)as respects any business carried on in Germany, to any individual or body of persons (whether corporate or unincorporate) carrying on that business.

3.  For the purpose of this Order “Germany” means Berlin and the French, British, American and Russian Military Zones of Germany as established by the statement by the Governments of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and the Provisional Government of the French Republic on the zones of occupation in Germany on 5th June, 1945, and also those parts of the former German Reich which are at present administered by the Union of Soviet Socialist Republics.

4.  In the application of this Order to Scotland “chose in action” means “right of action or incorporeal moveable”.

5.  The Orders specified in the schedule hereto are hereby revoked.

6.—(1) This Order may be cited as the Trading with the Enemy (Transfer of Negotiable Instruments, etc.) (Germany) Order, 1949.

(2) The Interpretation Act, 1889, shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

On behalf of the Treasury.

H. Wilson Smith

Second Secretary

Dated this 29th day of March, 1949

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