Rules of court and district court

(1) Any power to make rules of court or district court rules shall include power to make rules for the purpose of giving effect to the provisions of this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Crown in substitution for or by way of addition to any of the provisions of the rules applying to proceedings between subjects. rules. (2) Provisions shall be made by rules of court and district court rules– (a) for providing for service of process, or notice thereof, in the case of proceedings by the Crown against persons, whether Belizean citizens or not, who are not resident in Belize; (b) for securing that where any civil proceedings are brought against the Crown in accordance with this Act, the plaintiff shall, before the Crown is required to take any step in the proceedings, provide the Crown with such information as the Crown may reasonably require as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned; (c) for providing that in the case of proceedings against the Crown the plaintiff shall not enter judgment against the Crown in default of appearance or pleading without the leave of the court, to be obtained on an application of which notice has been given to the Crown; (d) for excepting proceedings brought against the Crown from the operation of any rule of court providing for summary judgment without trial, and for enabling any such proceedings to be put in proper cases into any special list 32 Crown Proceedings Act which may be kept for the trial of short causes in which leave to defend is given under any such rule of court as aforesaid; (e) for authorising the to deliver interrogatories without the leave of a court in any proceedings whereby the Crown claims any right to hereditaments or an account and payment from defaulting officers or persons or corporations, so, however, that the Crown shall not be entitled to deliver any third or subsequent interrogatories in the same proceedings without the leave of the court; (f) for enabling evidence to be taken on commission in proceedings by or against the (g) for providing– (i) that a person shall not be entitled to avail himself of any set-off or counter- claim in any proceedings by the Crown for the recovery of taxes, duties or penalties, or to avail himself in proceedings of any other nature by the Crown of any set-off or counter-claim arising out of a right or claim to repayment in respect of any taxes, duties or penalties; (ii) that a person shall not be entitled without the leave of the court to avail himself of any set- off or counter- claim in any proceedings by the Crown if either the subject matter of the set-off or counter-claim does not relate to the Government department in the name of which the proceedings Crown Proceedings Act 33 are brought or the proceedings are brought in the name of the Attorney General; (iii) that the Crown, when sued in the name of a Government department, shall not, without the leave of the court, be entitled to avail itself of any set-off or counter-claim if the subject matter thereof does not relate to that department; and (iv) that the Crown, when sued in the name of the Attorney General, shall not be entitled to avail itself of any set-off or counter-claim without the leave of the (3) Provision may be made by rules of court for regulating any appeals to the Supreme Court, whether by way of case stated or otherwise, under enactments relating to the revenue, and any rules made under this sub-section may revoke any enactments or rules in force immediately before the commencement of this Act so far as they regulate any such appeals, and may make provision for any matters for which provision was made by any enactments or rules so in force.