SCHEDULES
I1 SCHEDULE 8 Modifications of enactments
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
”
.
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.