Scotland Act 1998

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)”, and

(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”.