64 Application to Crown etc.U.K.
(1)This Act applies—
(a)to an act done by or for purposes of a Minister of the Crown or government department, or
(b)to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,
as it applies to an act done by a private person.
(2)[F1Subject to subsection (5),] Part II applies to service—
(a)for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or
(b)on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,
as it applies to employment by a private person.
[F2(2A)Subsections (1) and (2) have effect subject to section 64A and section 64B.]
[F3(2A)Subsections (1) and (2) have effect subject to section 64A.]
(3)The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales; but section 20 of that Act (removal of proceedings from county court to High Court) does not apply.
(4)The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.
(5)[F4Part II does not apply to service—
(a)as a member of the Ministry of Defence Police, the British Transport Police, the Royal Parks Constabulary or the United Kingdom Atomic Energy Authority Constabulary;
(b)as a prison officer; or
(c)for purposes of a Minister of the Crown or government department having functions with respect to defence as a person who is or may be required by his terms of service to engage in fire fighting.]
(6)[F4Part II does not apply to service as a member of a fire brigade who is or may be required by his terms of service to engage in fire fighting.]
(7)[F5It is hereby declared (for the avoidance of doubt) that]Part II does not apply to service in any of the naval, military or air forces of the Crown.
(8)In this section—
“the 1947 Act” means the M1Crown Proceedings Act 1947;
[F6“British Transport Police” means the constables appointed, or deemed to have been appointed, under section 53 of the M2British Transport Commission Act 1949;
“Crown proceedings” means proceedings which, by virtue of section 23 of the 1947 Act, are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown;
[F7“fire brigade” means a fire brigade maintained in pursuance of the M3Fire Services Act 1947;]
[F7“Ministry of Defence Police” means the force established under section 1 of the M4Ministry of Defence Police Act 1987;]
[F7“prison officer” means a person who is a prison officer within the meaning of section 127 of the M5Criminal Justice and Public Order Act 1994, apart from those who are custody officers within the meaning of Part I of that Act;]
[F8“Royal Parks Constabulary” means the park constables appointed under the M6Parks Regulation Act 1872;
“service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M7House of Commons Disqualification Act 1975;
“statutory body” means a body set up by or under an enactment;
“statutory office” means an office so set up; [F9and
“United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the M8Special Constables Act 1923 on the nomination of the United Kingdom Atomic Energy Authority.]]]
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)
Textual Amendments
F1Words in s. 64(2) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(a) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(a)
F2S. 64(2A) inserted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(b)
F3S. 64(2A) inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(b)
F4S. 64(5)(6) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004 ) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(c) and said subsections omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(c)
F5Words in s. 64(7) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(d) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(d)
F6S. 64(8): definition of "British Transport Police" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)
S. 64(8): definition of "British Transport Police" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(jjj)
F7S. 64(8): definitions of "fire brigade", "Ministry of Defence Police" and "prison officer" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said definitions omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)
F8S. 64(8): definition of "Royal Parks Constabulary" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)
F9S. 64(8): definition of "United Kingdom Atomic Energy Authority Constabulary" (and the preceding word "and") omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said word "and" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)
Marginal Citations