Crown Proceedings Act 1947

Part III U.K. Judgments and Executions

Modifications etc. (not altering text)

C1 Pts. 2-4 applied in part (E.W.S.) (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 36(5)

C2 Pts. 2-4 applied in part (E.W.S.) (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 36(5)

C3 Pts. 2-4 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 44(6) (with regs. 44(1)-(5), 45

C4 Pts. II-IV applied (N.I.) (1.10.2006) by The Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), reg. 50(6)

C5 Pts. II-IV applied (30.4.2007) by Equality Act 2006 (c. 3), ss. 78(4), 93 (with s. 92); S.I. 2007/1092, art. 2

C6 Pts. 2-4 applied in part (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), reg. 33(4) (with regs. 12, 13, 18, 33(2)(3))

C7 Pt. III applied by Sex Discrimination Act 1975 (c. 65), s. 85(8) and Race Relations Act 1976 (c. 74), s. 75(6)

C8 Pt. III (ss. 24-27) applied (2.12.1996) by 1995 c. 50, ss. 64(3), 70(6), Sch. 8 para. 44(1) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3); S.R. 1996/280, art. 2(2), Sch.

C9 Pt. III (ss. 24-27) applied (with modifications) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 92; S.I. 1999/81, art. 3

C10 Pt. III (ss. 24-27) applied (with modifications) (30.6.1997) by S.I. 1997/869 (N.I.6), art. 71(6); S.R. 1997/273, art. 2(2)

C11 Pts. 2-4 applied in part (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117), arts. 1, 47(2); S.R. 2005/336), {art. 2}, Sch.; S.R. 2005/337, art. 2, Sch.

C12 Pts. II-IV applied (N.I) (1.1.2007) by The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (S.R. 2006/439), reg. 53(6)

C13 Pts. 2-4 applied (E.W.S.) (8.4.2010) by Equality Act 2010 (c. 15), ss. 205(6), 216(1)(b)

24 Interest on debts damages and costs. U.K.

(1) Section seventeen of the M1 Judgments Act 1838 (which provides that a judgment debt shall carry interest) [F1 and section 44A of the Administration of Justice Act 1970 (which enables the court to order an appropriate rate for a judgment debt expressed in a currency other than sterling)] shall apply to judgment debts due from or to the Crown.

(2) Where any costs are awarded to or against the Crown in the High Court, interest shall be payable upon those costs unless the court otherwise orders, and any interest so payable shall be at the same rate as that at which interest is payable upon judgment debts due from or to the Crown.

(3) [F2 Section 35A of the [F3 Senior Courts Act 1981]F3 and [F4 section 69 of the County Courts Act 1984] (which respectively empower the High Court and [F5 the county court] to award interest on debts and damages) and section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 (which empowers other courts of record to do so)] shall apply to judgments given in proceedings by and against the Crown.

(4) This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

Textual Amendments

F1 Words in s. 24(1) inserted (1.11.1996) by 1995 c. 42, s. 4(1); S.I.1996/2515, art. 2

F2 Words in s. 24(3) substituted (E.W.) by Administration of Justice Act 1982 (c. 52,SIF 37), s. 15(3), Sch. 1 Pt. III

F3 Words in s. 24(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 1 para. 1(2); S.I. 2009/1604, art. 2(b)(d)

F4 Words substituted by County Courts Act 1984 (c.28, SIF 34), s. 148(1), Sch. 2 para. 21

F5 Words in s. 24(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 20(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C14 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

C15 S. 24(2) modified (E.W.) (18.11.2015) (with effect in accordance with s. 52(12) of the amending Act) by Finance (No. 2) Act 2015 (c. 33), s. 52(11)

Marginal Citations

M1 1838 c. 110.

25 Satisfaction of orders against the Crown. U.K.

(1) Wherein any civil proceedings by or against the Crown, or in any proceedings on the Crown side of the King’s Bench Division, or in connection with any arbitration to which the Crown is a party, any order (including an order for costs) is made by any court in favour of any person against the Crown or against a Government department or against an officer of the Crown as such, the proper officer of the court shall, on an application in that behalf made by or on behalf of that person at any time after the expiration of twenty-one days from the date of the order or, in case the order provides for the payment of costs and the costs require to be taxed, at any time after the costs have been taxed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order:

Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant.

(2) A copy of any certificate issued under this section may be served by the person in whose favour the order is made upon the person for the time being named in the record as the solicitor, or as the person acting as solicitor, for the Crown or for the Government department or officer concerned.

(3) If the order provides for the payment of any money by way of damages or otherwise, or of any costs, the certificate shall state the amount so payable, and the appropriate Government department shall, subject as hereinafter provided, pay to the person entitled or to his solicitor the amount appearing by the certificate to be due to him together with the interest, if any, lawfully due thereon:

Provided that the court by which any such order as aforesaid is made or any court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of any amount so payable, or any part thereof, shall be suspended, and if the certificate has not been issued may order any such directions to be inserted therein.

(4) Save as aforesaid no execution or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Crown of any such money or costs as aforesaid, and no person shall be individually liable under any order for the payment by the Crown, or any Government department, or any officer of the Crown as such, of any such money or costs.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 25(5) repealed (5.11.1993) by 1993 c. 50, s. 1(1)(2), Sch. 1 Pt. I Gp. 1, Sch. 2 Pt. II para. 27.

Modifications etc. (not altering text)

C14 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

26 Execution by the Crown. U.K.

(1) Subject to the provisions of this Act, any order made in favour of the Crown against any person in any civil proceedings to which the Crown is a party may be enforced in the same manner as an order made in an action between subjects, and not otherwise.

F7 . . .

(2) Sections four and five of the M2 Debtors Act 1869 (which provide respectively for the abolition of imprisonment for debt, and for saving the power of committal in case of small debts), shall apply to sums of money payable and debts due to the Crown:

Provided that for the purpose of the application of the said section four to any sum of money payable or debt due to the Crown, the section shall have effect as if there were included among the exceptions therein mentioned default in payment of any sum payable in respect of death duties. . . F8 .

(3) Nothing in this section shall affect any procedure which immediately before the commencement of this Act was available for enforcing an order made in favour of the Crown in proceedings brought by the Crown for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or the forfeiture of any ship or any share in a ship.

Textual Amendments

F7 Words in s. 26(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1)(2), Sch. 1 Pt. I Gp. 1, Sch. 2 Pt. II para. 27.

F8 Words repealed (1.3.1982) by Finance Act 1972 (c. 41), s. 54(8), Sch. 28 Pt. II; S.I. 1982/87

Modifications etc. (not altering text)

C14 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

Marginal Citations

M2 1869 c. 62.

27 Attachment of moneys payable by the Crown. U.K.

(1) Where any money is payable by the Crown to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Crown were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the High Court may, subject to the provisions of this Act and in accordance with rules of court, make an order restraining the first-mentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver:

Provided that no such order shall be made in respect of:—

(a) pay wages or salary payable to any officer of the Crown as such;

(b) any money which is subject to the provisions of any enactment prohibiting or restricting assignment or charging or taking in execution; [F9 or]

(c) [F9 any money payable by the Crown to any person on account of a deposit in [F10 the National Savings Bank]]

(2) The provisions of the preceding subsection shall, so far as they relate to forms of relief falling within the jurisdiction of [F11 the county court] , have effect in relation to [F12 the county court] as they have effect in relation to the High Court F13 ....

[F14 (3) In their application to England and Wales the preceeding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the [F15 Senior Courts Act 1981]F15 .]

Textual Amendments

F9 S. 27(1): para. (c) of the proviso and the word "or" preceding it repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 139(4), Sch. 7

F10 Words substituted by Post Office Act 1969 (c. 48), Sch. 6 Pt. III

F11 Words in Act substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 20(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12 Words in s. 27(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 20(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13 Words in s. 27(2) repealed (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 2, Sch. 1 para. 6 (with art. 4)

F14 S. 27(3) added (E.W.) after subsection (2) by Supreme Court Act 1981 (c.54,SIF 37),s.139(1)(b)(4)

F15 Words in s. 27(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(b)(d)

Modifications etc. (not altering text)

C14 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

C16 S. 27(1) power to exclude conferred (E.W) by Supreme Court Act 1981 (c.54, SIF 37), s.139(2)(4)

C17 S. 27(2) power to exclude conferred (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s.139(2)