Part 3General

35Crown application

1

Part 1 and this Part bind the Crown.

2

The amendments and repeals made by Part 2 bind the Crown to the extent that the enactments amended or repealed bind the Crown.

3

Subsection (1) does not require subordinate legislation made under this Act to bind the Crown.

4

No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable; but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

5

Despite subsection (4), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.