Crown Proceedings (Armed Forces) Act 1987

2 Revival of s. 10. U.K.

(1) Subject to the following provisions of this section, the Secretary of State may, at any time after the coming into force of section 1 above, by order—

(a) revive the effect of section 10 of the Crown Proceedings Act 1947 either for all purposes or for such purposes as may be described in the order; or

(b) where that section has effect for the time being in pursuance of an order made by virtue of paragraph (a) above, provide for that section to cease to have effect either for all of the purposes for which it so has effect or for such of them as may be so described.

(2) The Secretary of State shall not make an order reviving the effect of the said section 10 for any purposes unless it appears to him necessary or expedient to do so—

(a) by reason of any imminent national danger or of any great emergency that has arisen; or

(b) for the purposes of any warlike operations in any part of the world outside the United Kingdom or of any other operations which are or are to be carried out in connection with the warlike activity of any persons in any such part of the world.

(3) Subject to subsection (4) below, an order under this section describing purposes for which the effect of the said section 10 is to be revived, or for which that section is to cease to have effect, may describe those purposes by reference to any matter whatever and may make different provision for different cases, circumstances or persons.

(4) Nothing in any order under this section shall revive the effect of the said section 10, or provide for that section to cease to have effect, in relation to anything suffered by a person in consequence of an act or omission committed before the date on which the order comes into force.

(5) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.