← belizelaw.ai · Crown Proceedings, Cap. 167 · PART III — Jurisdiction of and Procedure in the Supreme and District
Parties to proceedings
Cap. 167, s. 16 · Revised Edition 2020
(1) The Prime Minister shall publish in the Gazette a list specifying the several government departments which are authorised departments for the purposes of this Act, and the name and address for service of the person who is, or is acting Crown Proceedings Act 19 for the purposes of this Act, as the attorney- at-law for each such department, and may from time to time amend or vary the list1.
(2) Any document purporting to be a copy of a list published under this section and purporting to be printed under the authority of the Prime Minister shall in any legal proceedings be received as evidence for the purpose of establishing what departments are authorised departments for the purposes of this Act, and what person is, or is acting for the purposes of this Act as, the attorney-at-law for any such department.
(3) Civil proceedings by the Crown may be instituted either by an authorised Government department in its own name or by the Attorney General.
(4) Civil proceedings against the Crown shall be instituted against the appropriate authorised government department or, if none of the authorised government departments is appropriate or the person instituting the proceedings has any reasonable doubt whether any and if so which of those departments is appropriate, against the Attorney General.
(5) Where any civil proceedings against the Crown are instituted against the Attorney General, an application may at any stage of the proceedings be made to the court by or on behalf of the Attorney General to have such of the authorised Government departments as may be specified in the application substituted for him as defendant to the proceedings, and where any such proceedings are brought against an authorised Government department, an application may at any stage of the proceedings be made to the court on behalf of that department to have the Attorney General or such of the authorised Government departments as may be specified in the application substituted for the applicant as the defendant to the proceedings.
1 Gazette Notice No. 660 of 1963.
20 Crown Proceedings Act
(6) Upon any such application the court may, if it thinks fit,
make an order granting the application on such terms as the court thinks just, and on such an order being made the proceedings shall continue as if they had been commenced against the department specified in that behalf in the order or, as the case may require, against the Attorney General.
(7) No proceedings instituted in accordance with this Part by or against the Attorney General or an authorised Government department shall abate or be affected by any change in the person holding the office of Attorney General or in the person or body of persons constituting the department.
(8) This section is subject to section 42 (5) of the Belize Constitution.
Amended by: 40 of 1963
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