Crown Proceedings Act 1947

General U.K.

16 Interpleader. U.K.

The Crown may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto, and may be made a party to such proceedings notwithstanding that the application for relief is made by a sheriff or other like officer; and all rules of court F1 ... relating to interpleader proceedings shall, subject to the provisions of this Act, have effect accordingly.

Textual Amendments

F1 Words in s. 16 repealed (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), arts. 2, 4, Sch. 1 para. 2

17 Parties to proceedings. U.K.

(1) The [F2 Minister for the Civil Service] shall publish a list specifying the several Government departments which are authorised departments for the purposes of this Act, and the name and address for service of the person who is, or is acting for the purposes of this Act as, the solicitor for each such department, and may from time to time amend or vary the said list.

Any document purporting to be a copy of a list published under this section and purporting to be printed under the superintendence or the authority of His Majesty’s Stationery Office shall in any legal proceedings be received as evidence for the purpose of establishing what departments are authorised departments for the purposes of this Act, and what person is, or is acting for the purposes of this Act as, the solicitor for any such department.

(2) Civil proceedings by the Crown may be instituted either by an authorised Government department in its own name, whether that department was or was not at the commencment of this Act authorised to sue, or by the Attorney General.

(3) Civil proceedings against the Crown shall be instituted against the appropriate authorised Government department, or, if none of the authorised Government departments is appropriate or the person instituting the proceedings has any reasonable doubt whether any and if so which of those departments is appropriate, against the Attorney General.

(4) Where any civil proceedings against the Crown are instituted against the Attorney General, an application may at any stage of the proceedings be made to the court by or on behalf of the Attorney General to have such of the authorised Government departments as may be specified in the application substituted for him as defendant to the proceedings; and where any such proceedings are brought against an authorised Government department, an application may at any stage of the proceedings be made to the court on behalf of that department to have the Attorney General or such of the authorised Government departments as may be specified in the application substituted for the applicant as the defendant to the proceedings.

Upon any such application the court may if it thinks fit make an order granting the application on such terms as the court thinks just; and on such an order being made the proceedings shall continue as if they had been commenced against the department specified in that behalf in the order, or, as the case may require, against the Attorney General.

(5) No proceedings instituted in accordance with this Part of this Act by or against the Attorney General or an authorised Government department shall abate or be affected by any change in the person holding the office of Attorney General or in the person or body of persons constituting the department.

Textual Amendments

F2 Words substituted by virtue of S.I. 1968/1656,art. 3(2)

Modifications etc. (not altering text)

C1 S. 17: Functions transferred (1.12.1999) by S.R. 1999/481, art.7, Sch. 5

18 Service of documents. U.K.

All documents required to be served on the Crown for the purpose of or in connection with any civil proceedings by or against the Crown shall, if those proceedings are by or against an authorised Government department, be served on the solicitor, if any, for that department, or the person, if any, acting for the purposes of this Act as solicitor for that department, or if there is no such solicitor and no person so acting, or if the proceedings are brought by or against the Attorney General, on the Solicitor for the affairs of His Majesty’s Treasury.

19 Venue and related matters. U.K.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 16 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. 3 (with art. 4)

20 Removal and transfer of proceedings. U.K.

(1) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F5 ... all rules of law and enactments relating to the removal or transfer of proceedings from [F6 the county court] to the High Court, or the transfer of proceedings from the High Court to [F6 the county court] , shall apply in relation to proceedings against the Crown:

[F7 Provided that:—

(a) an order for the transfer to [F6 the county court] of any proceedings against the Crown in the High Court shall not be made without the consent of the Crown; and

(b) the duty of a judge to make an order [F8 under section forty-four of the M1 County Courts Act 1959], for the transfer to the High Court of proceedings commenced against the Crown in [F6 the county court] shall not be conditional upon the giving of security by the Crown.]

Textual Amendments

F4 S. 20(1) 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. 4(a) (with art. 4)

F5 Words in s. 20(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. 4(b) (with art. 4)

F6 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)

F7 In S. 20(2), proviso repealed (E.W) by Supreme Court Act 1981 (c. 54,SIF 37),s. 152(4), Sch. 7

F8 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Modifications etc. (not altering text)

C2 S. 20 excluded by Sex Discrimination Act 1975 (c. 65), s. 85(8) and Race Relations Act 1976 (c. 74), s. 75(6)

C3 S. 20 excluded (2.12.1996) by 1995 c. 50, ss. 64(3), 70(6), Sch. 8 para. 44(1); S.I. 1996/1474, art. 2(2), Sch.; S.R. 1996/280, art. 2(2), Sch.

Marginal Citations

M1 1959 c. 22.

21 Nature of relief. U.K.

(1) In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require:

Provided that:—

(a) where in any proceedings against the Crown any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and

(b) in any proceedings against the Crown for the recovery of land or other property the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof make an order declaring that the plaintiff is entitled as against the Crown to the land or property or to the possession thereof.

(2) The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown which could not have been obtained in proceedings against the Crown.

Modifications etc. (not altering text)

C4 S. 21 excluded (13.1.1994) by S.I. 1993/3228, reg. 32(7).

C5 S. 21 excluded (21.2.1995) by S.I. 1995/201, reg. 29(7)

C6 S. 21 excluded (S.) (31.1.2006) by The Public Contracts (Scotland) Regulations 2006 (S.S.I. 2006/1), reg. 47(10)

C7 S. 21 excluded (S.) (31.1.2006) by The Utilities Contracts (Scotland) Regulations 2006 (S.S.I. 2006/2), reg. 45(10)

C8 S. 21 excluded (20.12.2009) by S.S.I. 2006/1, reg. 47A(8) (as inserted by The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009 (S.S.I. 2009/428), reg. 2(12))

C9 S. 21 excluded (20.12.2009) by S.S.I. 2006/2, reg. 45A(11) (as inserted by The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009 (S.S.I. 2009/428), reg. 4(12))

C10 S. 21 restricted (20.12.2009) by S.I. 2006/5, reg. 47P (as substituted by The Public Contracts (Amendment) Regulations 2009 (S.I. 2009/2992), reg. 10 (with reg. 11))

C11 S. 21 modified (21.8.2011) by The Defence and Security Public Contracts Regulations 2011 (S.I. 2011/1848), regs. 1, 65

C12 S. 21 excluded (S.) (1.5.2012) by The Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88), regs. 1(1), 48(8) (with regs. 4, 5, 6, 8)

C13 S. 21 excluded (S.) (1.5.2012) by The Utilities Contracts (Scotland) Regulations 2012 (S.S.I. 2012/89), regs. 1(1), 45(11) (with regs. 3-7, 9, 11)

C14 S. 21 excluded (E.W.N.I) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), regs. 1(2), 104

C15 S. 21 excluded (S.) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), regs. 1(2), 90(8) (with regs. 3-18, 99-101)

C16 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

C17 S. 21 excluded (S.) (18.4.2016) by The Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65), regs. 1(2), 54(8) (with reg. 63)

C18 S. 21 excluded (E.W.N.I.) (18.4.2017) by The Utilities Contracts Regulations 2016 (S.I. 2016/274), regs. 1(2), 119

22 Appeals and stay of execution. U.K.

Subject to the provisions of this Act, all enactments [F9 and rules of court]F9 relating to appeals and stay of execution shall, with any necessary modification, apply to civil proceedings by or against the Crown as they apply to proceedings between subjects.

Textual Amendments

F9 Words in s. 22 substituted (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 2, Sch. 1 para. 5 (with art. 4)

Modifications etc. (not altering text)

C16 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)

23 Scope of Part II. U.K.

(1) Subject to the provisions of this section, any reference in this Part of this Act to civil proceedings by the Crown shall be construed as a reference to the following proceedings only:—

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 1 of the First Schedule to this Act;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by an action at the suit of any Government department or any officer of the Crown as such;

(c) ,all such proceedings as the Crown is entitled to bring by virtue of this Act;

and the expression “civil proceedings by or against the Crown” shall be construed accordingly.

(2) Subject to the provisions of this section, any reference in this Part of this Act to civil proceedings against the Crown shall be construed as a reference to the following proceedings only:—

(a) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by any such proceedings as are mentioned in paragraph 2 of the First Schedule to this Act;

(b) proceedings for the enforcement or vindication of any right or the obtaining of any relief which, if this Act had not been passed, might have been enforced or vindicated or obtained by an action against the Attorney General, any Government department, or any officer of the Crown as such; and

(c) all such proceedings as any person is entitled to bring against the Crown by virtue of this Act;

and the expression “civil proceedings by or against the Crown” shall be construed accordingly.

(3) Notwithstanding anything in the preceding provisions of this section, the provisions of this Part of this Act shall not have effect with respect to any of the following proceedings, that is to say:—

(a) proceedings brought by the Attorney General on the relation of some other person;

(b) proceedings by or against the Public Trustee;

(c) proceedings by or against the [F10 Charity Commission]F10 ;

(d) . . . F11

(e) . . . F12

(f) proceedings by or against the Registrar of the Land Registry or any officers of that registry.

(4) Subject to the provisions of any Order in Council made under the provisions hereinafter contained, this part of this Act shall not affect proceedings initiated in any court other than the High Court or [F6 the county court] .

Textual Amendments

F6 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)

F10 Words in s. 23(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 75. 79, {Sch. 8 para. 32}; S.I. 2007/309, art. 2, Sch.

F11 S. 23(3)(d) repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. I

F12 S. 23(3)(e) repealed by Education Act 1973 (c. 16), Sch. 2 Pt. III

Modifications etc. (not altering text)

C16 Ss. 21-42 excluded (S.) (18.4.2016) by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), regs. 1, 103(8)