Page:Crown Proceedings Act 1947 (UKPGA Geo6-10-11-44 qp).pdf/8

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Ch. 44.

Crown Proceedings
Act
, 1947.

10 & 11 Geo. 6.

Part I.
cont.

Liability in respect of Crown docks, harbours, &c. 7.—(1) It is hereby declared that the provisions of the Merchant Shipping Acts, 1894 to 1940, which limit the amount of the liability of the owners of docks and canals, and of harbour and conservancy authorities, apply for the purpose of limiting the liability of His Majesty in His capacity as the owner of any dock or canal, or in His capacity as a harbour or conservancy authority, and that all the relevant provisions of the said Acts have effect in relation to His Majesty accordingly.

(2) In this section the expressions “dock”, “harbour”, “owner”, “harbour authority” and “conservancy authority” have respectively the same meanings as they have for the purposes of section two of the 63 & 64 Vict. c. 32.Merchant Shipping (Liability of Shipowners and others) Act, 1900.

(3) In this section references to His Majesty include references to any Government department and to any officer of the Crown in his capacity as such.

Salvage claims against the Crown and Crown rights to salvage. 8.—(1) Subject to the provisions of this Act, the law relating to civil salvage, whether of life or property, except sections five hundred and fifty-one to five hundred and fifty-four of the Merchant Shipping Act, 1894, or any corresponding provisions relating to aircraft, shall apply in relation to salvage services rendered after the commencement of this Act in assisting any of His Majesty’s ships or aircraft, or in saving life therefrom, or in saving any cargo or apparel belonging to His Majesty in right of His Government in the United Kingdom, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.

(2) Where after the commencement of this Act salvage services are rendered by or on behalf of His Majesty, whether in right of His Government in the United Kingdom or otherwise, His Majesty shall be entitled to claim salvage in respect of those services to the same extent as any other salvor, and shall have the same rights and remedies in respect of those services as any other salvor.

Liability in connection with postal packets. 9.—(1) Subject as hereinafter provided, no proceedings in tort shall lie against the Crown for anything done or omitted to be done in relation to a postal packet by any person while employed as a servant or agent of the Crown, or for anything done or omitted to be done in relation to a telephonic communication by any person while so employed; nor shall any officer of the Crown be subject, except at the suit of the Crown, to any civil liability for any of the matters aforesaid.

(2) Notwithstanding the provisions of section thirteen of the 8 Edw. 7. c. 48.Post Office Act, 1908, proceedings shall lie against the Crown under this subsection in respect of loss of or damage to a registered inland postal packet, not being a telegram, in so far as the loss or damage is due to any wrongful act done or any

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