Search Legislation

Crown Proceedings Act 1947

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEProceedings Abolished by this Act

1(1)Latin informations and English informations.

(2)Writs of capias ad respondendum, writs of subpoena ad respondendum, and writs of appraisement.

(3)Writs, of scire facias.

(4)Proceedings for the determination of any issue upon a writ of extent or of diem clausit extremum.

(5)Writs of summons under Part V of the Crown Suits Act, 1865.

2(1)Proceedings against His Majesty by way of petition of right, including proceedings by way of petition of right intituled in the Admiralty Division under section fifty-two of the Naval Prize Act, 1864.

(2)Proceedings against His Majesty by way of monstrans de droit.

SECOND SCHEDULEEnactments repealed

Session and Chapter.Title or Short Title.Extent of Repeal.
25 Edw. x. c. 18.The King's Tenant his Debtor.The whole Act.
25 Geo. 3. c 35.The Crown Debtors Act, 1785.The whole Act.
57 Geo. 3. c 117.The Extents in Aid Act, 1817.The whole Act.
5 & 6 Vict. c. 86.The Exchequer Court Act. 1842.Section nine.

5 & 6 Vict.

c. 94.

The Defence Act, 1842.Section thirty-four.
19 & 20 Vict. c. 56.Exchequer Court (Scotland) Act, 1856.

Sections five to nine.

In section ten the words from " in place of," to " provided."

Sections eleven and twelve.

In section twenty-two the words from " and all interlocutors or decrees," to the end of the section. Schedules A, B, C, D and E.

23 & 24 Vict. c- 34-The Petitions of Right Act, 1860.The whole Act.
27 & 28 Vict. c. 25.The Naval Prize Act, 1864.Section fifty-two.
27 & 28 Vict. c 57.The Admiralty Lands and Works Act, 1864.Section eleven.
28 & 29 Vict. c. 104The Crown Suits Etc. Act, 1865.The whole Act except Part I and section forty-six thereof.
28 & 29 Vict. c. 124.The Admiralty Powers, &c. Act, 1865.Section two.
30 & 31 Vict. c. 128.The War Department Stores Act, 1867.Section twenty.
31 & 32 Vict. c. 78.The Admiralty Suits Act, 1868.The whole Act.
31 & 32 Vict. c. no.The Telegraph Act, 1868In section six the words from " in the same court " to the end of the section.
38 & 39 Vict. c. 89.The Public Works Loans Act, 1875.Paragraph (1) of section five, and in section seven the words from " Where the secretary " to the end of the section.
39 & 40 Vict. c. 36.The Customs Consolidation Act, 1876.Sections two hundred and nineteen, and two hundred and forty-seven to two hundred and fifty-four.
41 & 42 Vict. c. 76.The Telegraph Act, 1878Section eleven.
52 & 53 Vict. c 30The Board of Agriculture Act, 1889.In subsection (1) of section six the words " sue and be sued and may ".
53 & 54 Vict. c. 21.The Inland Revenue Regulation Act, 1890.In subsection (1) of section twenty-one the words " and in the name of an officer or in England in the name of the Attorney General for England" so far as they relate to proceedings in the High Court, and in subsection (1) of section twenty-three the words " of subpoena ".
57 & 58 Vict. c. 60.The Merchant Shipping Act, 1894.Subsection (4) of section four hundred and sixty.
6 & 7 Geo. 5. c. 65.The Ministry of Pensions Act, 1916.In subsection (1) of section six the words " sue and be sued and may ".
7 & 8 Geo. 5. c 51.The Air Force (Constitution) Act, 1917.In subsection (1) of section ten the words " sue and be sued and may ".
9 & 10 Geo. 5. c. 21.The Ministry of Health Act, 1919.In subsection (1) of section seven the words from the beginning to " the name of ", and the word " and ", where it secondly occurs.
9 & 10 Geo. 5. c. 58.The Forestry Act, 1919.In subsection (3) of section two, the words " may sue and be sued and ".
23 & 24 Geo. 5- c. 36.The Administration of Justice (Miscellaneous Provisions) Act, 1933.Section four.
24 & 25 Geo. 5.c. 53.The County Courts Act, 1934-

In subsection (1) of section seventy-five, the words from "and accordingly" to the end of the subsection.

In subsection (2) of section seventy-five, the words " instituted by writ of summons."

26 Geo. 5. & 1 Edw. 8. c 43-The Tithe Act, 1936.In paragraph 8 of the Second Schedule, the words " may sue and be sued and ".
26 Geo. 5. & 1 Edw. 8. c. 44.The Air Navigation Act, 1936.Subsection (5) of section twenty-six, paragraph (5) of section thirty-two, and Part II of the Fourth Schedule.

2 & 3 Geo. 6.

C. 21.

The Limitation Act, 1939In subsection (1) of section thirty, the words from " and for the purposes'' to " presented ".
3 & 4 Geo. 6. c. 43.The Merchant Shipping (Salvage) Act, 1940.The whole Act.
9 & 10 Geo. 6. c 31.The Ministers of the Crown (Transfer of Functions) Act, 1946.In the Second Schedule, the amendments to subsection (1) of section twenty-six of the Ministry of Transport Act, 1919-

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources