s.25Savings
25
Section 25Part 5 — Miscellaneous and Supplementary

Savings

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Unless otherwise provided, nothing in this Act —
authorises proceedings to be taken against the Crown under this Act in respect of any alleged liability of the Crown arising otherwise than in respect of His Majesty's Government in these Islands, or affect proceedings against the Crown in respect of any such alleged liability as aforesaid;
affects any proceedings by the Crown otherwise than in right of His Majesty's Government in these Islands;
subjects the Crown to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Crown than those to which the Crown would be subject in respect of such acts or omissions if it were a private person;
affects any rules of evidence or any presumption relating to the extent to which the Crown is bound by any law;
affects any right of the Crown to control or otherwise intervene in proceedings affecting its rights, property or profits; or
affects any proceedings for the recovery of any taxes within the meaning of the Tax Collection Act (1998 Revision) or of any fines or penalties, or for the forfeiture and condemnation of any goods,
and Part 4 does not apply to the Crown except in right of His Majesty's Government in these Islands.
A certificate of the Governor —
to the effect that any alleged liability of the Crown arises otherwise than in respect of His Majesty's Government in these Islands; or
to the effect that any proceedings by the Crown are proceedings otherwise than in right of His Majesty's Government in these Islands,
shall be conclusive.
Where any property vests in the Crown by virtue of any rule of law which operates independently of the acts or the intentions of the Crown, the Crown shall not, by virtue of this Act, be subject to any liabilities in tort by reason only of the property being so vested; but this subsection is without prejudice to the liabilities of the Crown under this Act in respect of any period after the Crown or any person acting for the Crown has taken possession or control of such property, or entered into occupation thereof.
This Act does not limit the discretion of the Court to grant relief by way of mandamus in cases in which such relief might have been granted before its commencement, notwithstanding that by reason of this Act, some other remedy is available.

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