(b) notwithstanding paragraph (a) of this Article, no claim shall be dismissed except upon determination by not less than two members of the Commission.
8. Subject to the provisions of this Order, the Commission shall assess the amount of loss with respect to each claim estab- lished under the Order as may seem just and equitable to them having regard to all the circumstances, and shall dismiss each claim which is not so established.
9. Where any amount which is material to the determina- tion of an application made under this Order is expressed in a unit of foreign currency, the value in sterling of that amount shall be determined in accordance with the rate of exchange for that currency set forth in columns 3 and 4 of Schedule 2 to this Order in respect of the area to which the claim relates, or, if there is no such rate, such rate as the Treasury may determine.
10. In assessing the amount of loss or interest with respect to any claim established under this Order the Commission shall have regard to any compensation, recoupment or payment in respect of that loss or interest that the person making the applica- tion or his predecessor in title or any trustee for such person or predecessor in title or, if the person making the application is a trustee, any beneficiary or any predecessor in litle of any bene- ficiary has received or may, if he exercises diligence, be reasonably expected to receive from any source other than the Fund.
PART IV.
CLAIMS IN RESPECT OF DEBTS, BANK BALANCES, SHARES. INTERNAL BONDS AND OTHER PROPERTY.
11. No application may be made under this Part of the Order in respect of an external bond, a State Note, or any matter referred to in Part V of the Order.
12. (1) The following persons shall be qualified to make application to the Commission for the purpose of establishing claims under this Part of the Order-
(a) Her Majesty's Government in the United Kingdom and the Government of any territory for the international relations of which Her Majesty's Government in the United Kingdom were, on the date of coming into opera- tion of this Order, responsible;
(b) any person who was a British national on the date of
coming into operation of this Order;
7
(c) any person who after the date of coming into operation of this Order has succeeded, whether by assignment or otherwise, to the claim of any person qualified under sub-paragraph (b) above; and
(d) a trustee for any person qualified under sub-paragraph
(b) or (c) above.
(2) An application under this Part of the Order may be made by a trustee qualified under paragraph (1) of this Article or by a beneficiary so qualified. An application by a trustee shall, how. ever, be entertained by the Commission only in so far as the beneficial interest in the property or in the claim to which the application relates was, at the material times, owned by a British national.
(3) If application under this Part of the Order is made by a trustee and by a beneficiary in relation to the same claim, and both the trustee and the beneficiary are qualified under paragraph (1) of this Articl, the Commission may entertain the application made by the trustee in preference to that made by the beneficiary, or entertain the application made by the beneficiary in preference to that made by the trustee. The Commission shall dismiss the application by the trustee or by the beneficiary, as the case may be, which it has decided not to entertain.
13. (1) To establish a claim under this Part of the Order in respect of property (other than a debt, a balance in a bank, a share or an internal bond), any person making application to the Commission shall be required to establish to the satisfaction of the Commission-
(a) that be is a person qualified under Article 12 of this
Order to make such application;
(b) that immediately before the relevant date the property to which the application relates was situated in a Ballic State or ceded territory and was British property (as provided in paragraph (2) of this Article), provided that in the case of property situated in the area described in paragraph 8 of Schedule 2 to this Order it shall be sufficient to satisfy the Commission that the property was, or would but for any act of the kind referred to in paragraph (c) of this paragraph have been, British prop- erty immediately before 16th August 1945; and
(c) that he or his predecessor in title or, if he is a trustee, the person for whom he is a trustee or the predecessor in title of such person has been deprived, on or after the relevant date and before 13th February 1967, of title to