Page:Crown Proceedings Act 1947 (UKPGA Geo6-10-11-44 qp).pdf/30

Part V.
—cont.

Provisions as to arrestment. 46. Arrestment in the hands of the Crown or of a Government department or of any officer of the Crown as such shall be competent in any case where arrestment in the hands of a subject would have been competent:

Provided that nothing in the foregoing provisions shall warrant the arrestment of:—

(a) any wages or salary payable to any officer of the Crown as such;

(b) any money which is subject to the provisions of any enactment prohibiting or restricting assignation or charging or taking in execution; or

(c) any money payable by the Crown to any person on account of a deposit in the Post Office Savings Bank.

Recovery of documents in possession of Crown. 47. Subject to and in accordance with Acts of Sederunt applying to the Court of Session and the sheriff court, commission and diligence for the recovery of documents in the possession of the Crown may be granted in any action whether or not the Crown is a party thereto, in like manner in all respects as if the documents were in the possession of a subject:

Provided that—

(i) this subsection shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that its disclosure would be injurious to the public interest; and

(ii) the existence of a document shall not be disclosed if, in the opinion of a Minister of the Crown, it would be injurious to the public interest to disclose the existence. thereof.

Application of 56 & 57 Vict. c. 61 to the Crown. 48. The Public Authorities Protection Act, 1893, shall, in its application to any civil proceedings against the Crown, have effect as if in paragraph (a) of section one thereof for any reference to six months there were substituted a reference to twelve months.

Application to Scotland of s. 26. 49. Section twenty-six of this Act shall have effect as if for subsection (2) thereof there were substituted the following subsection:—

“(2) The exception in respect of taxes contained in section four of the 43 & 44 Vict. c. 34.Debtors (Scotland) Act, 1880, from the enactment therein contained abolishing imprisonment for debt shall apply only in respect of death duties and purchase tax.”

Application to Scotland of s. 35. 50. Section thirty-five of this Act shall have effect as if for subsection (2) thereof there were substituted the following subsection:—

“(2) The following provisions shall apply as regards proceedings in the Court of Session or the sheriff court:

(a) where decree in absence has been granted against the Crown the decree shall not be operative with-

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