Part 2, The State Proceedings Act, 2000

"civil proceedings" includes proceedings in the High Court or a Magistrates' Court for the recovery of fines or penalties; "court" means the High Court or a Magistrates' Court; "officer" in relation to the Government, includes a Minister and any other officer of the Government; "order" includes a judgment, decree, rule, award or declaration of court; "proceedings against the Government" includes a claim by way of set-off or counterclaim raised in proceedings by the Government; "rules of court" means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of the Court; "statutory duty" means any duty imposed by or under any enactment. (2) Any reference in this Act to the provisions of this Act shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Act. (3) Any reference in Parts IV and V to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which the Attorney-General or any other public officer is a party: No. 14 *State Proceedings Act* 2000 3 Provided that the Government shall not for the purposes of Part IV or V 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. PART II— SUBSTANTIVE LAW [Margin: Right to sue Government.] 2. Where a person has any claim against the Government, that claim may be enforced by a suit against the Government, in accordance with this Act. [Margin: Notice of intention to sue.] 3. (1) Subject to section 4, no proceedings shall be commenced against the Government under section 2 until the expiration of three months after written notice of intention to commence the proceedings has been served by the claimant or his attorney or agent on the Attorney-General. (2) The notice referred to in subsection (l) shall state the cause of action, the name and place of abode of the intended claimant and the relief which he claims.