SCHEDULES

I1 SCHEDULE 8 Modifications of enactments

Annotations:
Commencement Information
I1

Sch. 8 wholly in force at 1.4.2000: Sch. 8 partly in force at Royal Assent see s. 130(1); specified provisions of Sch. 8 in force at 6.5.1999, 20.5.1999, 1.7.1999 and 1.4.2000 by S.I. 1998/3178, arts. 2(2), 3.

Crown Proceedings Act 1947 (c.44)

7

1

The Crown Proceedings Act 1947 is amended as follows.

2

In section 38(2) (interpretation)—

a

in the definition of “His Majesty’s aircraft”, after “Kingdom” there is inserted “ or the Scottish Administration ”,

b

in the definition of “His Majesty’s ships”, after “Kingdom” there is inserted “ or the Scottish Administration ” and after “said Government” there is inserted “ or Administration ”, and

c

in the definition of “officer”, after “Minister of the Crown” there is inserted “ and a member of the Scottish Executive ”.

3

In section 40 (savings)—

a

in subsection (2), after “in the United Kingdom”, in each place where those words appear, there is inserted “ or the Scottish Administration ”, and

b

after subsection (3) there is inserted—

3A

A certificate of the Scottish Ministers to the effect that—

a

any alleged liability of the Crown arises otherwise than in respect of the Scottish Administration,

b

any proceedings by the Crown are proceedings otherwise than in right of the Scottish Administration,

shall, for the purposes of this Act, be conclusive as to that matter.

4

In the proviso to section 44 (remit from sheriff court to Court of Session on Lord Advocate’s certificate)—

a

for “Lord Advocate” there is substituted “ appropriate Law Officer ”, and

b

at the end there is inserted—

In this proviso, “the appropriate Law Officer” means—

a

the Lord Advocate, where the proceedings are against any part of the Scottish Administration, and

b

the Advocate General for Scotland, in any other case.

5

In section 50 (application to Scotland of section 35), subsection (2) of section 35 as substituted for Scotland is amended as follows—

a

in paragraph (d)—

i

after “Crown” there is inserted “ in right of Her Majesty’s Government in the United Kingdom ”,

ii

for “Lord Advocate” there is substituted “ Advocate General for Scotland ”, and

iii

after “department”, in the second place where it appears, there is inserted—

i

shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to the Scottish Administration, and

ii

b

after that paragraph there is inserted—

e

a part of the Scottish Administration, in any proceedings against that part or against the Lord Advocate on its behalf, shall not be entitled to avail itself of any set-off or counterclaim if the subject matter thereof relates to another part of the Scottish Administration or to the Crown in right of Her Majesty’s Government in the United Kingdom.

6

In section 51(2) (application to Scotland of section 38), in paragraph (ii), after “Lord Advocate” there is inserted “ or the Advocate General for Scotland ”.