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Tobacco and Primary Medical Services (Scotland) Act 2010

Section 36 – Crown application

50.Under this section the Crown is bound by provisions in Part 1 but cannot be found criminally liable for contravening any such provisions. Rather, the Court of Session may declare unlawful any act or omission of the Crown where it has been found to be in contravention of such provisions.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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