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The Genetically Modified Organisms (Northern Ireland) Order 1991

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23.—(1) Subject to paragraphs (2) to (5), this Order and regulations and orders made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Order or of any regulations or order made under it shall make the Crown criminally liable; but the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in paragraph (2), this Order and regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this paragraph “Crown premises” means premises held or used by or on behalf of the Crown.

(5) Nothing in this Article shall be taken as in any way affecting Her Majesty in her private capacity; and this paragraph shall be construed as if section 38(3) of the Crown Proceedings Act 1947(1) (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Order.

(6) In this Article, any reference to the Crown includes a reference to the Crown in right of Her Majesty’s Government in the United Kingdom.

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