Article 3 Interpretation

(1)

The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this Scheme and in relation to the revocations effected by it as if this Scheme and the Schemes revoked by it were Acts of Parliament, and as if each revocation were a repeal.

(2)

References in this Scheme to any enactment, Order or Regulation shall, unless the context otherwise requires, be construed as references to that enactment, Order or Regulation as amended by or under any other enactment, Order or Regulation or to any other enactment, Order or Regulation substituted therefor.

(3)

References in this Scheme to Her Majesty shall, unless the context otherwise requires, be construed as references to the Sovereign reigning at any relevant time.

(4)

Where a claim under this Scheme other than one specified in the following paragraph of this Article is made, there shall be no onus on the claimant to prove that disablement or death is directly attributable to the relevant qualifying injury or detention and the benefit of any reasonable doubt on those questions shall be given to the claimant.

(5)

Where a claim under this Scheme—

(a)

in respect of disablement is made more than 7 years after the date of the relevant qualifying injury or end of detention; or

(b)

is made in respect of the death of a person, such death having occurred more than 7 years after the date of the relevant qualifying injury or end of detention;

and, upon reliable evidence, a reasonable doubt exists whether the disablement is, or the death was, directly attributable to the relevant qualifying injury or detention, the benefit of that reasonable doubt shall be given to the claimant.

(6)

For the purposes of this Scheme, the detention of a person may be treated as continuing until whichever is the earlier of the two following dates—

(a)

the date of his death; or

(b)

the date on which it is first practicable for him to arrive back in the country to which he belongs;

or until such other date as the Minister may direct in relation to that person or to any class of such persons.