Trading with the Enemy legislation

chris made this Freedom of Information request to Department for International Trade

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The request was refused by Department for International Trade.

Dear Department for International Trade,

I have been advised to forward these queries to you by the Privy Council,

I am studying the long term changes to legislation that were an effect of the World Wars and the defence and emergency laws that have become, for a better phrase, a constitutional part of our society today.

Currently I am focusing on legislation relating to the Trading with the Enemy Acts of 1914 and 1939, which have been amended by the Emergency Laws (Miscellaneous Provisions) Act 1953 and its permeant enactment of the Defence (Trading with the Enemy) Regulations 1940.

Within the Trading with the Enemy Act 1939 enemy territory is defined as: " enemy territory " means any area which is under the sovereignty of, or in the occupation of, a Power with whom His Majesty is at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty.

However this has been extended by the Defence (Trading with the Enemy) Regulations 1940 within the Emergency Laws (Miscellaneous Provisions) Act 1953 under subsection 9 of the second schedule to meaning:
9
(1)Where after the commencement of this Act any area ceases to be enemy territory as defined in the principal Act (whether by reason of the occupation thereof by Her Majesty or a Power allied with Her Majesty or by reason of its no longer being in the occupation of a Power with whom Her Majesty is at war, or for any other reason) that area shall, for the purposes of sections three A, four, five and seven of the principal Act (which relate to the control and winding up of businesses, negotiable instruments and choses in action, the transfer of allotment of securities, and the collection of enemy debts and custody and release of enemy property) and, save as expressly provided by any such order, for the purposes of any order made under the said section seven, be treated as if, until such time as the Board of Trade may be order specify, there had been no such cessation.

(2)The foregoing provisions of this paragraph shall apply in relation to any area which ceased to be enemy territory, as defined in the principal Act, on or after the twenty-second day of July, nineteen hundred and forty-three, but before the commencement of this Act (other than an area which, on the twenty-eighth day of September, nineteen hundred and forty-four, was an area under the sovereignty of a Power with whom His late Majesty was then at war) as they apply to any area ceasing to be enemy territory, as so defined, after the commencement of this Act.

(3)Where under subsection (1a) of section fifteen of the principal Act (which empowers the Board of Trade by order to direct that the principal Act shall apply in relation to any area specified in the order as it applies in relation to enemy territory) an order has been made applying to any area and that order is, whether before or after the commencement of this Act, revoked or varied so that it no longer applies to that area, the foregoing provisions of this paragraph shall, with the necessary adaptations, apply in relation to that area as if, on the revocation, or, as the case may be, the variation, of the order, the area had ceased to be enemy territory as defined in the principal Act.

Can you confirm for me that my interpretation of these changes is correct and that any area occupied by her majesty such as Canada or Austrailia is today also treated, under the regulation of the Defence (Trading with the Enemy) Regulations 1940 and the Principle Act, as Enemy Territory?

There used to be a Custodian Trustee that was appointed under the Public Trustee Act of 1906, is there today still Custodian Trustees for the purposes of the Trading with the Enemy Act’s and its associates? and an example of what a Custodian Trustee is or could be?

Could you also lease tell me if the status of the Trading with the Enemy Act 1914, is it still in force?

Kind Regards

Mr Holdham

on behalf of FOI Requests,

DIT ref: FOI2017/20494

Dear Mr Holdham

Thank you for your request for information which was received on 28th
December. On behalf of the Department for International Trade (DIT) your
request has been passed on to the appropriate official at DIT to process.

Your request is being considered under the terms of the Freedom of
Information Act 2000 and DIT will reply at the latest by 26th January.

If you have any queries about this email, please contact the Information
Rights Unit at BEIS. Please remember to quote the reference number above
in any future communications.

Kind regards,

Information Rights Unit

Information Rights Unit | Department for Business, Energy and Industrial
Strategy | 1 Victoria Street, London, SW1H 0ET | www.gov.uk/beis |
[email address] |

DIT FOI Requests,

1 Attachment

Dear Mr Holdham

Please see the attached reply from DIT to your query - ref FOI2017/20494.

If you have any queries about this, please contact the Information Rights Unit.
Please remember to quote the reference number above in any future communications.

Kind regards,
Information Rights Unit
Department for Business, Energy and Industrial Strategy
1 Victoria Street
London
SW1H 0ET
www.gov.uk/beis

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