Crown Proceedings
Act, 1947.
Part IV.
—cont.
rely upon the law relating to the limitation of time for bringing proceedings against public authorities.
(3) In this section the expression “ship” includes any boat or other description of vessel used in navigation, and the expression “His Majesty’s ships” shall be construed accordingly.
Application to the Crown of certain statutory provisions. 31.—(1) This Act shall not prejudice the right of the Crown to take advantage of the provisions of an Act of Parliament although not named therein; and it is hereby declared that in any civil proceedings against the Crown the provisions of any Act of Parliament which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Crown.
(2) Section six of the 32 & 33 Vict. c. 62.Debtors Act, 1869 (which empowers the court in certain circumstances to order the arrest of a defendant about to quit England) shall, with any necessary modifications, apply to civil proceedings in the High Court by the Crown.
No abatement on demise of Crown. 32. No claim by or against the Crown, and no proceedings for the enforcement of any such claim, shall abate or be affected by the demise of the Crown.
Abolition of certain writs. 33. No writ of extent or of diem clausit extremum shall issue after the commencement of this Act.
Proceedings in courts other than the High Court and county courts. 34.—(1) His Majesty may by Order in Council make such provision as appears to him to be expedient with respect to civil proceedings by or against the Crown in any court not being the High Court or a county court.
(2) An Order in Council made under this section may in particular—
- (a) define the jurisdiction of the court to which the Order relates in civil proceedings by or against the Crown; and
- (b) apply, in relation to civil proceedings by or against the Crown in the said court, any provisions of this Act which would not otherwise apply in relation to those proceedings with such additions exceptions and modifications as appear to His Majesty to be expedient.
(3) The provisions of any such Order shall have effect notwithstanding any provision made by or under any enactment with respect to the court in question; and any such Order may provide for amending or revoking any provision so made as aforesaid.
(4) An Order in Council made under this section may be varied or revoked by a further Order in Council made by His Majesty thereunder.
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