OpenLegislation

Section 34 Interpretation, application to Crown, and provisions as to orders.

England, Wales and Scotland

(1)

In this Act “enactment", unless the context otherwise requires, includes an enactment of the Parliament of Northern Ireland, and “the M1Judicature Act 1925” means the Supreme Court of Judicature (Consolidation) Act 1925.

(2)

Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

(3)

F1Section 20 of this Act shall bind the Crown so far as (but no further than) any proceedings to which that section is applicable can be brought by or against the Crown in accordance with the M2Crown Proceedings Act 1947, F2and section 22 of this Act shall bind the Crown so far as (but no further than) by virtue of section 24(3) of that Act section 3 of the M3Law Reform (Miscellaneous Provisions) Act 1934 applies to proceedings by or against the Crown.

(4)

Any power conferred on the Lord Chancellor by this Act to make an order shall include power to revoke or vary the order by a subsequent order.

(5)

Any power of the Lord Chancellor to make an order under this Act shall be exercisable by statutory instrument.

(6)

In the application to Northern Ireland of so much of subsection (3) of this section as relates to section 20 of this Act, the reference to the M4Crown Proceedings Act 1947 is a reference to that Act as it applies in Northern Ireland in relation to the Crown in right of Her Majesty’s Government in the United Kingdom and in right of Her Majesty’s Government in Northern Ireland.

Annotations

Textual amendments

F1

Words repealed (E.W.) in their application to section 20 as regards rules of court under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925 by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 and in their application to section 20 as regards county court rules under section 102 of the County Courts Act 1959 by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4

F2

Words repealed (E.W.) and superseded by Administration of Justice Act 1982 (c. 53, SIF 37), s. 15(5)(b)(ii)

Marginal citations

M1

1925 c. 49.

M2

1947 c. 44.

M3

1934 c. 41.

M4

1947 c. 44.