Part 5

General

Crown application

Crown application
53
1
This Act binds the Crown.
2
Subsection (1) does not require subordinate legislation made under this Act to bind the Crown.
3
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.
4
Despite subsection (3), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.
5
In the application of this Act to the Crown, “owner”—
a
in the case of a building belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,
b
in the case of any other building belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having management of the building,
c
in the case of a building belonging to an office-holder in the Scottish Administration or to a government department or held in trust for the purposes of the Scottish Administration or a government department, means that office-holder or government department.
6
It is for the Scottish Ministers to determine any question which arises as to who is, for the purposes of this Act, the owner of a building falling within paragraphs (a) to (c) of subsection (5); and their decision is final.
S. 53 in force at 1.5.2009 by S.S.I. 2009/150, art. 2 (with art. 3)