The Distribution of German Enemy Property (No. 2) Order 1951

PART II EXCLUDED CLAIMS

3.  This Order shall not apply—

(a) to any claim in respect of a German enemy debt unless (in addition to the conditions prescribed in Section 8(1) of the Act) at the relevant time that debt was due to a British person;

(b) to any claim in respect of a German enemy debt falling within Section 8(1)(a) of the Act due at the relevant time to a company incorporated in the United Kingdom whose activities in the United Kingdom on the 3rd day of September, 1939, were confined to complying with the requirements of the Companies Act, 1929(or of the corresponding enactments then in force in Northern Ireland, the Channel Islands or the Isle of Man, as the case may be), and to distributing profits earned abroad;

(c) to any claim in respect of a balance at a bank expressed in a unit of German currency;

(d) to any claim in respect of a bank note expressed in a unit of German currency or any other note so expressed which has at any time been legal tender in Germany;

(e) to any other claim in respect of a German enemy debt expressed in a unit of German currency except—

(i) claims in respect of trade debts;

(ii) claims in respect of loans made to German persons by persons who at the date of the loan were British persons;

(iii) claims in respect of rent due on the 3rd day of September, 1939;

(iv) claims in respect of dividends on shares or stock declared before the 3rd day of September, 1939; and

(v) claims in respect of the use of inventions, designs, trade marks or industrial processes, or specifications, drawings or documents relating thereto or in respect of the exercise of copyright (as defined in the Copyright Act, 1911) in literary, dramatic, musical or artistic works;

(f) to any claim by an insurer or an insurance broker in respect of a contract of insurance or re-insurance with a German person;

(g) to any claim in respect of any bond of the Austrian Government International Guaranteed Loan 1933–1953 or the Austrian Government Guaranteed Conversion Loan 1934–1959:

(h) to any claim in respect of a sum which fell due on or before the 3rd day of September, 1933, not being a claim arising out of credits, advances or other indebtedness which fell under the German Credit Agreements of 1931, 1932 or 1933 (Standstill Agreements);

(i) to any claim by the trustees of any loan in respect of sinking fund or amortisation payments.