Crown Proceedings Act 1947

PART VI Extent, Commencement, Short Title, &c.

52 Extent of Act.

Subject to the provisions hereinafter contained with respect to Northern Ireland, this Act shall not affect the law enforced in courts elsewhere than in England and Scotland, or the procedure in any such courts.

53 Provisions as to Northern Ireland.

(1) His Majesty may by Order in Council provide for extending this Act to Northern Ireland with such additions, exceptions and modifications as appear to His Majesty to be expedient.

(2) An Order in Council under this section may provide for amending the law both in its application to the Crown in right of His Majesty's Government in the United Kingdom and in its application to the Crown in right of His Majesty's Government in Northern Ireland.

(3) An Order in Council under this section may provide for amending the law:—

(a) with respect to the right of the Crown to sue in a county court in Northern Ireland ; and

(b) with respect to the award of costs to or against the Crown in Northern Ireland.

(4) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder.

(5) An Order in Council under this section may include such provisions as appear to His Majesty to be incidental to or consequential on any provisions contained in such an Order by virtue of the preceding provisions of this section.

(6) So far as any provision contained in an Order in Council under this section deals with a matter with respect to which the Parliament of Northern Ireland has power to make laws, it shall, for the purposes of section six of the [10 & 11 Geo. 5. c. 67.] Government of Ireland Act, 1920 (which relates to the power of the Parliament of Northern Ireland), be deemed to be a provision of an Act passed before the appointed day.

(7) An Order in Council under this section shall be laid before Parliament as soon as may be after it is made, and, if either House of Parliament, within the next twenty-eight days on which that House has sat after such an Order is laid before it, resolves that the Order be annulled, the Order shall thereupon cease to have effect except as respects things previously done or omitted to be done, without prejudice, however, to the making of a new Order.

Notwithstanding anything in subsection (4) of section one of the Rules Publication Act, 1893, such an Order shall be deemed not to be a statutory rule to which that section applies.

54 Short title and commencement.

(1) This Act may be cited as the Crown Proceedings Act, 1947.

(2) This Act shall come into operation on such day, not later than the first day of January, nineteen hundred and forty-eight, as His Majesty may by Order in Council appoint.