- Latest available (Revised)
- Point in Time (01/06/2015)
- Original (As enacted)
Version Superseded: 01/10/2015
Point in time view as at 01/06/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Civil Jurisdiction and Judgments Act 1982, Section 46 is up to date with all changes known to be in force on or before 30 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1in 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;
[F2(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland;] 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 F3. . . 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 [F4, the Scottish Administration] or Her Majesty’s government in Northern Ireland.
Textual Amendments
F1Words in s. 46(2)(a) substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 23(2) (with reg. 48)
F2S. 46(3)(aa) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2)(with s. 126(3)); S.I. 1998/3178, art. 2(2), Sch. 3
F3Words in s. 46(4) omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 23(3) (with reg. 48)
F4Words in s. 46(7) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 18(2) (with s. 126(3)); S.I. 1998/3179, art. 2(2), Sch. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: