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(2)The amendments and repeals made by Part 2 bind the Crown to the extent that the enactments amended or repealed bind the Crown.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