10 & 11 Geo. 6.
Crown Proceedings
Act, 1947.
Ch. 44.
Part IV.
—cont.
(2) Except as therein otherwise expressly provided, nothing in this Act shall:—
- (a) affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of the High Court as a prize court or to any criminal proceedings; or
- (b) authorise proceedings to be taken against the Crown under or in accordance with this Act in respect of any alleged liability of the Crown arising otherwise than in respect of His Majesty’s Government in the United Kingdom, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid; or
- (c) affect any proceedings by the Crown otherwise than in right of His Majesty’s Government in the United Kingdom; or
- (d) subject the Crown to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Crown than those to which the Crown would be subject in respect of such acts or omissions. if it were a private person; or
- (e) subject the Crown, in its capacity as a highway authority, to any greater liability than that to which a local authority is subject in that capacity; or
- (f) affect any rules of evidence or any presumption relating to the extent to which the Crown is bound by any. Act of Parliament; or
- (g) affect any right of the Crown to demand a trial at bar or to control or otherwise intervene in proceedings affecting its rights, property or profits; or
- (h) affect any liability imposed on the public trustee or on the Consolidated Fund of the United Kingdom by the 6 Edw. 7. c. 55.Public Trustee Act, 1906;
and, without prejudice to the general effect of the foregoing provisions, Part III of this Act shall not apply to the Crown except in right of His Majesty’s Government in the United Kingdom.
(3) A certificate of a Secretary of State:—
- (a) to the effect that any alleged liability of the Crown arises otherwise than in respect of His Majesty’s Government in the United Kingdom;
- (b) to the effect that any proceedings by the Crown are proceedings otherwise than in right of His Majesty’s Government in the United Kingdom;
shall, for the purposes of this Act, be conclusive as to the matter so certified.
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