Interpre- tation
2. (1) Any reference in this Ordinance to the provisions of this Ordinance shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Ordinance.
(a) In this Ordinance, except in so far as the context other- wise requires, or it is otherwise expressly provided, the following expressions have the meanings hereby respectively assigned to them, that is to say-
"agent", when used in relation to the Crown, includes an in-
dependent contractor employed by the Crown
"civil proceedings" includes proceedings in the Supreme Court or the District Court for the recovery of fines or penalties, but does not include proceedings of a nature such as in England are taken on the Crown side of the Queen's Bench Division of Her Majesty's High Court of Justice; "officer", in relation to the Crown, includes any servant of the
Crown:
เ
"order" includes a judgment, decree, rule, award'or declaration;
"prescribed" means prescribed by rules of court;
"proceedings against the Crown" includes a claim by way set-off
or counterclaim raised in proceedings by the Crown; "ship" includes every description of vessel used in navigation not
propelled by cars;
"rules of court" means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of the Supreme Court or the District Court, as the case may be;
"statutory duty" means any duty imposed by or under any Act
of Parliament or Ordinance.
(3) Any reference in this Ordinance to Her Majesty in Her private capacity shall be construed as including a reference to Her Majesty in right of Her Duchy of Lancaster.
(4) Any reference in Parts IV or V of this Ordinance to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed as including a reference to civil proceedings to which the Attorney General, or any Government department, or any officer of the Crown as such, is a party =
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Provided that the Crown shall not for the purposes of Parts IV and V of this Ordinance be deemed to be a party to any proceedings by reason only that they are brought by the Attorney General upon the relation of some other person.
(5) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by or under any enactment, including this Ordinance.
3.
PART II.
Substantive Lave,
Where any person has a claim against the Crown after Right to the commencement of this Ordinance and, if this Ordinance had sue the Crown. not been passed, the claim might have been enforced, subject to the consent of the Governor, under the rules of the Supreme Court, or might have been enforced by the proceedings provided by any statute ceasing to have effect in this Colony by virtue of this Ordinance, or by any enactment repealed by this Ordinance, then, subject to the provisions of this Ordinance, the claim may be enforced as of right, and without the consent of the Governor, by proceedings taken against the Crown for that purpose in accord- ance with the provisions of this Ordinance.
4. (1) Subject to the provisions of this Ordinance, the Liability Crown shall be subject to all those liabilities in tort to which, if of the
Crown in it were a private person of full age and capacity, it would be bort. subject-
(a) in respect of torts committed by its servants or agents; (b) in respect of any breach of those duties which a person owes to his scrvants or agents at common law by reason of being their employer; and
(c) in respect of any breach of the duties attaching at common law to the ownership, occupation, possession or control of property =
Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) of this subsection in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Ordinance have given rise to a cause of action in tort against that servant or agent or his estate.
(2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Ordinance, the Crown shall,