Crown application33

1

Regulation 8 binds the Crown.

2

The remainder of these Regulations apply to an act done on behalf of the Crown as they apply to an act done by a private person.

3

For the purposes of paragraph (2) an act is done on behalf of the Crown if (and only if) done—

a

by or on behalf of a Minister of the Crown,

b

by or on behalf of the Scottish Ministers,

c

by a government department,

d

by a body established under an enactment acting on behalf of the Crown,

e

by or on behalf of the holder of an office established by an enactment acting on behalf of the Crown, or

f

by or on behalf of an office-holder in the Scottish Administration (within the meaning of section 126(7) of the Scotland Act 199818).

4

The provisions of Parts 2 to 4 of the Crown Proceedings Act 194719 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings against the Crown in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown; but section 20 of that Act (removal of proceedings from county court to High Court) shall not apply to proceedings under these Regulations.

5

The provisions of Part 5 of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply to proceedings under this Part of these Regulations.