A.D. 1926.

Publication of list of

Provided that nothing in this section shall prejudice or affect the operation of any other enactment in force at the commencement of this Act authorising the summary recovery of any special class of debts due to the Crown.

(2) Any summary proceedings for the recovery of a 5 debt due to the Crown, whether brought under this or under any other enactment, may, notwithstanding anything in any Act, be brought at any time within two years after the date on which the debt became payable.

28.—(1) The Treasury shall, as soon as may be after 10 the passing of this Act, publish a list specifying the several Government bodies or persons who are to be treated as Government departments for the purposes of this Act, and may from time to time amend or vary the said list.

departments.

Savings.

52 & 53 Vict. c. 49.

(2) A copy of any list published under this section, if 15 purporting to be printed under the superintendence or authority of His Majesty's Stationery Office, shall be received in all courts of law as being, in respect of the period during which it is in force, conclusive evidence of the facts stated therein.

29.--(1) Except as therein otherwise expressly provided, nothing in this Act shall

(a) apply to proceedings by or against His Majesty in His private capacity; or

20

(b) apply to criminal proceedings, proceedings on 25
the Crown side of the King's Bench Division of
the High Court or proceedings in causes or
matters within the jurisdiction of the High
Court as a prize court; or

(c) authorise proceedings to be taken under this Act 30
against the Crown in any case in which the
alleged liability of the Crown arises out of any
contractual obligation incurred by the Govern-
ment of any part of His Majesty's Dominions
outside the United Kingdom, or of any territory 35
under His Majesty's protection or in respect of
which a mandate on behalf of the League of
Nations has been accepted by His Majesty, or
by reason of anything done or omitted to be
done by any such Government or any officer 40
thereof; or

(d) affect section twenty-three of the Arbitration
Act, 1889, except so far as that section relates
to costs payable by the Crown; or

5

10

15

20

25

30

35

40

c. 29.

(e) affect the provisions of section twenty-nine of A.D. 1926.
the Patents and Designs Act, 1907, as originally
enacted, or of the section directed by section 7 Edw. 7.
eight of the Patents and Designs Act, 1919, to
be substituted therefor, or be regarded as con-
ferring on any person as against the Crown any
greater or other rights than those provided by
the said sections; or

(f) affect any rules of evidence, or statutory pre-
sumptions, or the rules with respect to the
production of documents or the disclosure in
oral evidence or otherwise of any facts, where
production or disclosure would be injurious to
the public interest; or

(g) entitle any member of the armed forces of the
Crown to make a claim against the Crown in
respect of any matter relating to or arising out of
or in connection with the discipline or duties
of those forces or the regulations relating
thereto, or the performance or enforcement or
purported performance or enforcement thereof
by any member of those forces, or other
matters connected with or ancillary to any of
the matters aforesaid; or

(h) affect any right of the Crown to demand a trial
at bar or to control or otherwise intervene in
proceedings affecting its rights, property or
profits; or

(i) be regarded as calling in question the right of
the Crown to take the benefit of any Act though
not named therein; or

(j) affect the responsibility of the Minister of Trans-
port for the acts and defaults of any officer, servant
or agent of the Minister who is not to be deemed
to be an officer of the Crown for the purposes of
Part II. of this Act; or

9 & 10Geo.5.

c. 80.

6 Edw. 7.

(k) affect any liability imposed on the public trustee or on the Consolidated Fund of the United Kingdom by the Public Trustee Act, 1906. (2) This Act shall not operate to limit the discretion c. 55. of the court to grant relief by way of mandamus in cases in which such relief might have been granted before the commencement of this Act, notwithstanding that by reason of the provisions of this Act some other and 45 further remedy is available.

A.D. 1926.

Interpretation.

Short title,

commence

ment, application and repeal.

30. In this Act, unless the context otherwise requires, references to the provisions of this Act include references to rules of court made under or for the purposes of this Act, and the following expressions have the meanings hereby assigned to them respectively, that 5 is to say

66

10

Action" means a civil proceeding commenced by writ and any other civil proceeding declared by rules to be an action for the purposes of this Act or any particular provision of this Act: "Crown proceedings" means any civil proceedings by or against the Crown, including proceedings to which the Attorney-General or any Government department, or any officer of the Crown as such, is a party, and "civil proceedings" includes pro- 15 ceedings by the Crown in the High Court for the recovery of fines or penalties:

"Officer" in relation to the Crown includes servant and agent:

"Order" includes judgment, decree, rule, award, and 20 declaration:

"Prescribed " means prescribed by rules of court: "His Majesty's ships means ships belonging to His Majesty, and includes ships of which the beneficial interest is vested in His Majesty or which are 25 registered as Government ships or which are demised to the Crown as charterer or which are for the time being in the exclusive possession of the Crown, but "His Majesty's ships" or "His Majesty's aircraft" does not include ships or air- 30 craft belonging to His Majesty otherwise than in right of His Government of the United Kingdom. 31.-(1) This Act may be cited as the Crown Proceedings Act, 1926.

(2) This Act shall come into operation on such day, 35 not later than the first day of January, nineteen hundred and twentyas His Majesty may by Order in

Council appoint.

(3) This Act applies only to proceedings in England.

(4) The enactments set out in the Second Schedule 40 to this Act are hereby repealed to the extent specified in the third column of that Schedule, except so far as they relate to proceedings elsewhere than in England.