Explanatory Notes

Scotland Act 1998

1998 CHAPTER 46

19th November 1998

Schedules

SCHEDULE 8, Paragraph 17: Civil Jurisdiction and Judgments Act 1982

Purpose and Effect

This paragraph amends section 46 of the Civil Jurisdiction and Judgements Act 1982, which makes provision about the domicile and seat of the Crown for the purposes of the 1982 Act.  The amendment to subsection (3) provides that the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland.  (See note on paragraph 7 of Schedule 8 for discussion of the Crown in right of the Scottish Administration).

Subsection (7) provides that nothing in section 46 applies to the Crown otherwise than in right of Her Majesty’s Government in the United Kingdom or Her Majesty’s Government in Northern Ireland.  This is amended to insert a reference to the Scottish Administration.

Parliamentary Consideration

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LC8-Oct-98649