No contravention by the Crown of any provision of, or made under, this Act makes the Crown criminally liable.

But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission which constitutes such a contravention.

Despite subsection (1), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.