This instrument may be cited as the Foreign Compensation Commission (Amendment) Rules Approval Instrument 1968 and shall come into operation on 4th March 1968.

SCHEDULE

"The Foreign Compensation Commission, in exercise of their powers under section 4 of the Foreign Compensation Act 1950, hereby make the following Rules:-

1.-(1) These Rules may be cited as the Foreign Compensation Commission (Amendment) Rules 1968.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

2. The Foreign Compensation Commission Rules 1956(1), as amended(2), shall be further amended as follows:-

(1) The following Rule shall be inserted after Rule 20:-

"Death of Applicant

20A.-(1) On the death of an Applicant his application is abated as regards any claim not determined before his death unless the claim survives to a joint Applicant.

(2) Subject as hereinafter provided an abated application may be revived by the personal representative of the deceased Applicant (being the person to whom a grant of probate or confirmation or letters of administration shall have been made in any part of the United Kingdom) by producing such grant to the Commission and signing the application from filed by the deceased Applicant with the Commission:

Provided that after the expiration of 6 months from the date of the death of the deceased Applicant or 3 months from the date of the coming into operation of this Rule (whichever shall be the later) an application may be revived only with the leave of not less than two Commissioners who may grant or refuse leave at their absolute discretion."

(2) The following paragraphs shall be added at the end of Rule 38:-

"(7) If it appears to the Commission that an Applicant has died and no grant of representation to his estate has been produced to them, the Commission may review the provisional determination of a claim made by the deceased Applicant without serving any notice of intention to review, or may, if they think fit, by order appoint such person as they think proper to represent the estate of the deceased Applicant for the purpose of such review, and in that case the foregoing provisions of this Rule shall apply to the person so appointed as they apply to an Applicant and notice of intention to review shall be served upon that person.

(8) Where the Commission receive no acknowledgment within 21 days from the date of posting of the notice of intention to review, or such further period as may be specified therein for replying thereto, the provisions of paragraph (7) of this Rule shall apply as if the Applicant had died."

EXPLANATORY NOTE

These Rules amend the Foreign Compensation Rules 1956 for the following main purposes:-