Page:Crown Proceedings Act 1947 (UKPGA Geo6-10-11-44 qp).pdf/25

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10 & 11 Geo. 6.

Crown Proceedings
Act
, 1947.

Ch. 44.

Part IV.
cont.

the Crown by petition of right shall be deemed to have been so instituted if a petition of right with respect to the matter in question has been left with a Secretary of State for submission to His Majesty before the commencement of this Act.

Financial provisions. 37.—(1) Any expenditure incurred by or on behalf of the Crown in right of His Majesty’s Government in the United Kingdom by reason of the passing of this Act shall be defrayed out of moneys provided by Parliament.

(2) Any sums payable to the Crown in right of His Majesty’s Government in the United Kingdom by reason of the passing of this Act shall be paid into the Exchequer.

Interpretation. 38.—(1) Any reference in this Act to the provisions of this Act shall, unless the context otherwise requires, include a reference to rules of court or county court rules made for the purposes of this Act.

(2) In this Act, except in so far as the context otherwise requires or it is otherwise expressly provided, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“Agent”, when used in relation to the Crown, includes an independent contractor employed by the Crown;
“Civil proceedings” includes proceedings in the High Court or the county court for the recovery of fines or penalties, but does not include proceedings on the Crown side of the King’s Bench Division;
“His Majesty’s aircraft” does not include aircraft belonging to His Majesty otherwise than in right of His Government in the United Kingdom;
“His Majesty’s ships” means ships of which the beneficial interest is vested in His Majesty or which are registered as Government ships for the purposes of the Merchant Shipping Acts, 1894 to 1940, or which are for the time being demised or subdemised to or in the exclusive possession of the Crown, except that the said expression does not include any ship in which His Majesty is interested otherwise than in right of His Government in the United Kingdom unless that ship is for the time being demised or subdemised to His Majesty in right of His said Government or in the exclusive possession of His Majesty in that right;
“Officer”, in relation to the Crown, includes any servant of His Majesty, and accordingly (but without prejudice to the generality of the foregoing provision) includes a Minister of the Crown;
“Order” includes a judgment, decree, rule, award or declaration;
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