Part 4

Miscellaneous and general

General

Crown application
67
1
This Act binds the Crown, but nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity.
2
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 authority or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Despite subsection (2), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.
4
The powers conferred by section 47 are only exercisable—
a
in relation to land forming part of the Crown Estate, with the consent of the Crown Estate Commissioners, and
b
in relation to land to which section 90B(5) of the Scotland Act 1998 applies, with the consent of the person having the management of the land concerned.
S. 67(4) substituted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 31