Northern Ireland (Crown Proceedings) Order, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/1836 |
1949 No. 1836
CROWN PROCEEDINGS
The Northern Ireland (Crown Proceedings) Order, 194929thSeptember 1949
30thSeptember 1949
1stJanuary 1950
At the Court at Buckingham Palace, the 29th day of September, 1949
Present,
The King's Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred on Him by section fifty-three of the Crown Proceedings Act, 1947(a), and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
PART I
General
1.—(1) This Order may be cited as the Northern Ireland (Crown Proceedings) Order, 1949, and shall come into operation on the first day of January, 1950.
(2) In this Order, "the Act" means the Crown Proceedings Act, 1947.
(3) The Interpretation Act, 1889(b), shall apply to the interpretation of this Order in like manner as it applies to the interpretation of an Act of Parliament.
PART II
Extension of the Act to Northern Ireland
2. The provisions of the Act, other than Parts V and VI thereof, shall extend to Northern Ireland—
(a) in relation to His Majesty's Government in the United Kingdom, with the additions, exceptions and modifications set out in Part III of this Order;
(a) 10 & 11 Geo. 6. c. 44.
(b) 52 & 53 Vict. c. 63.
(b) in relation to His Majesty's Government in Northern Ireland, with the additions, exceptions and modifications aforesaid but subject to the further exceptions and modifications set out in Part IV of this Order.
PART III
Additions and exceptions to, and modifications of, the Act in its application to the Crown in right of His Majesty's Government in the United Kingdom
3.—(1) Any reference, however expressed, to an enactment shall be construed as including a reference to an enactment of the Irish Parliament or of the Parliament of Northern Ireland, and the expression "statutory duty" shall be construed accordingly.
(2) For any reference to the commencement of the Act there shall be substituted a reference to the first day of January, 1950, being the day on which this Order comes into operation; for any reference to the High Court (except a reference to that court as a prize court) or any Division thereof there shall be substituted a reference to the High Court of Justice in Northern Ireland or to the corresponding Division thereof respectively; for any reference to a county court there shall be substituted a reference to a county court in Northern Ireland; for any reference to the Royal Courts of Justice there shall be substituted a reference to the Royal Courts of Justice (Ulster); for any reference to the Attorney General there shall be substituted a reference to the Attorney General for Northern Ireland; for any reference to the Solicitor for the affairs of His Majesty's Treasury there shall be substituted a reference to the Chief Crown Solicitor for Northern Ireland; and for any reference to a sheriff there shall be substituted a reference to an under-sheriff.
(3) The expression "rules of court" shall mean rules of court made by the Governor, of Northern Ireland by Order in Council under and in accordance with the provisions of section sixty-one of the Supreme Court of Judicature (Ireland) Act, 1877(a), as amended by the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897(b); the expression "county court rules" shall mean county court rules made under and in accordance with the provisions of the County Courts (Salaries and Rules) Act (Northern Ireland), 1947(c), by the County Court Rules Committee established under section two of that Act or county court rules having effect by virtue of section four of that Act; and the expression "order" shall include a dismiss in the county court.
(4) The provisions of this Article shall apply to the interpretation of any provisions which by virtue of this Order are added to or substituted for any of the provisions of the Act.
4. For section four there shall be substituted the following section:—
"Application of law as to indemnity, contribution, joint and several tortfeasors, and contributory negligence.
4.—(1) Where the Crown is subject to any liability by virtue of this Part of this Act, the law for the time being in force in Northern Ireland relating to indemnity and contribution shall be enforceable by or against the Crown in respect of the liability to which it is so subject as if the Crown were a private person of full age and capacity.
(2) Without prejudice to the effect of the preceding subsection, section sixteen of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland), 1937(d) (which relates to proceedings against, and contribution between, joint and several tortfeasors), shall bind the Crown.
(a) 40 & 41 Vict. c. 57.
(b) 60 & 61 Vict. c. 66.
(c) 1947, c. 16 (N.I.).
(d) 1 Edw. 8. & 1 Geo. 6. c. 9 (N.I.).
(3) Without prejudice to the general effect of section two of this Act, section two of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland), 1948(a) (which amends the law relating to contributory negligence), and so much of sections four and six of that Act as relates to the said section two thereof shall bind the Crown, so however that in relation to Proceedings against the Crown the references in subsection (1) of the said section four to the passing of the said Act of 1948 shall be construed as references to the first day of January, nineteen hundred and fifty (being the date of the coming into operation of the Northern Ireland (Crown Proceedings) Order, 1949)."
5. Section twelve shall be excepted.
6. In section thirteen, the words from "In this section" to the end shall be excepted.
7. For section fourteen there shall be substituted the following section:—
"Summary applications to High Court in certain matters concerning United Kingdom revenue.
14. Subject to and in accordance with rules of court, the Crown may apply in a summary manner to the High Court—
(a) for the payment of duty under the enactments relating to excise duties on articles manufactured and produced within the meaning of section twenty-one of the Government of Ireland Act, 1920(b);
(b) for the delivery of any accounts required to be delivered, or the furnishing of any information required to be furnished, under the said enactments or by any regulations relating to such duties;
(c) for the payment of tax under the enactments relating to purchase tax; and
(d) for the delivery of any accounts, the production of any books, or the furnishing of any information, required to be delivered, produced or furnished under the enactments relating to purchase tax."
8. For section fifteen there shall be substituted the following section:—
"Civil proceedings by or against the Crown in the county court.
15.—(1) Subject to the provisions of this Act, and to any enactment limiting the jurisdiction of a county court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise), any civil proceedings by or against the Crown may be instituted in a county court:
Provided that nothing in this section shall authorise the institution against the Crown of default process under section fifty-nine...
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