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Civil Jurisdiction and Judgments Act 1982
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Civil Jurisdiction and Judgments Act 1982, Section 46 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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46 Domicile and seat of the Crown.U.K.
(1)For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.
(2)The following provisions of this section determine where the Crown has its seat—
(a)for the purposes of the 1968 Convention [F1and the Lugano Convention][F2(in each of which] Article 53 equates the domicile of a legal person with its seat); and
(b)for the purposes of this Act.
(3)Subject to the provisions of any Order in Council for the time being in force under subsection (4)—
(a)the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom; and
(b)the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.
(4)Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of the 1968 Convention [F3the Lugano Convention] and this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.
(5)An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.
(6)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)Nothing in this section 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.
Textual Amendments
F1Words in s. 46(2)(a) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 21(1) (with s. 4); S.I. 1992/745, art.2
F2Words in s. 46(2)(a) substituted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 21(1) (with s. 4); S.I. 1992/745, art.2.
F3Words in s. 46(4) inserted (1.5.1992) by Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, Sch. 2 para. 21(2) (with s. 4); S.I. 1992/745, art.2.
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