HC Deb 26 July 1918 vol 108 cc2207-9

(1) Where a partnership has been dissolved by reason of one or more of the partners having been resident or having carried on business in an enemy country, and the partnership business had before the dissolution of the partnership been carried on wholly or mainly for the benefit of or under the control of persons who on the outbreak of war became enemy subjects, it shall be lawful for the Board of Trade to make an Order for the winding-up of the business carried on by any successors of the firm, in any case where it appears to them that the former association of those successors with persons who subsequently became enemies or with enemy subjects makes it expedient to do so:

Provided that where such an Order has been made and any sum has been paid to the custodian as representing the share of any such partner, the Court may, on the application of the Board of Trade, order the custodian to pay to the controller appointed under the Order the whole or any part of that sum to be dealt with by him as part of the assets of the firm.

(2) Where it appears to the Board of Trade that any club or other undertaking, not being a business, carried on in the United Kingdom by any body of persons incorporated or unincorporated, is or was at any time since the out-break of war, by reason of the enemy nationality or association of the members of that body, or any of them, or otherwise, carried on wholly or mainly for the benefit of, or under the control of, enemy subjects, the Board of Trade may make an Order requiring the undertaking to be wound up.

(3) Where any person, firm, or company has ceased to carry on business, and it appears to the Board of Trade that the business whilst carried on was by reason of the enemy nationality or enemy association of that person, firm or company, or of the members of that firm or company, or otherwise, carried on wholly or mainly for the benefit of, or under the control of, enemy subjects, or persons who subsequently became enemy subjects, the Board of Trade may and shall be deemed always to have had power to make an Order for the realisation and distribution of the assets of the business.

(4) The provisions of Section one of the principal Act and of Section one of this Act shall, with the necessary adaptations, apply as respects Orders made under this Section in like manner as they apply as respects Orders made under Sub-section (1) of Section one of the principal Act.

Sir A. STANLEY

I beg to move, in Sub-section (1), to leave out the words "on the outbreak of war became," and to insert instead thereof the words "have become."

This Amendment is of some importance, and, I am sure, will meet with the approval of the Committee. It means that if any subject of any enemy State has become naturalised, and, through the action of this Government, becomes denaturalised, that ipso facto brings him, or the business with which he is connected, under the provisions of this Bill. I think it is desirable, in addition to dealing with those who are now subjects of enemy States, that we should also bring into the Bill those who were formerly subjects of present enemy States, and, having become naturalised in this country, through the operations of the Aliens Bill are denaturalised.

Amendment agreed to.

Further Amendments made: In Subsection (1), leave out the word "with" ["enemies or with enemy subjects"].—[Sir A. Stanley.]

In Sub-section (2), after the word "any" ["by any body of persons"], insert the words "person or."—[Major Newman.]

Major NEWMAN

Does the right hon. Gentleman accept the next Amendment in my name on the Paper?

Sir A. STANLEY

No.

Major NEWMAN

I put this and the next two Amendments down as consequential upon the one which the right hon. Gentleman has accepted. If the right hon. Gentleman thinks they are not necessary, I will not move them.

Sir A. STANLEY

I think they would really have the effect of weakening the Clause, and I am sure my hon. and gallant Friend does not want to do that.

Further Amendments made: In Subsection (2), after the word "may" ["may make an Order"], insert the words "and shall be deemed always to have had power to."

In Sub-section (4), after the word "Act" ["Section one of this Act"], insert the words "and the other provisions of this Act which relate to Orders made under Section one of the principal Act."—[Sir A. Stanley.]

Clause, as amended, ordered to stand part of the Bill.