Crown Proceedings
Act, 1947.
Part IV.
—cont.
- “Prescribed” means prescribed by rules of court or county court rules, as the case may be;
- “Proceedings against the Crown” includes a claim by way of set-off or counterclaim raised in proceedings by the Crown;
- “Ship” has the meaning assigned to it by section seven hundred and forty-two of the Merchant Shipping Act, 1894;
- “Statutory duty” means any duty imposed by or under any Act of Parliament.
(3) Any reference in this Act to His Majesty in His private capacity shall be construed as including a reference to His Majesty in right of His Duchy of Lancaster and to the Duke of Cornwall.
(4) Any reference in Parts III or IV of this Act to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed as including a reference to civil proceedings to which the Attorney General, or any Government department, or any officer of the Crown as such is a party:
Provided that the Crown shall not for the purposes of Parts III and IV of this Act be deemed to be a party to any proceedings by reason only that they are brought by the Attorney General upon the relation of some other person.
(5) Any reference in this Act to the armed forces of the Crown shall be construed as including a reference to the following forces:—
- (a) the Women’s Royal Naval Service;
- (b) the Queen Alexandra’s Royal Naval Nursing Service; and
- (c) any other organisation established under the control of the Admiralty, the Army Council or the Air Council.
(6) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment, including this Act.
Repeals, &c. 39.—(1) The enactments set out in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) For subsection (1) of section twenty-six of the 9 & 10 Geo. 5. c. 50.Ministry of Transport Act, 1919, there shall be substituted the following subsection:—
- “(1) The Minister of Transport may for all purposes be described by that name.”
Savings. 40.—(1) Nothing in this Act shall apply to proceedings by or against, or authorise proceedings in tort to be brought against, His Majesty in His private capacity.
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