(1)No contravention by the Crown of—
(a)section 9(1), or
(b)any provision made by virtue of section 10,
makes the Crown criminally liable.
(2)But the Court of Session may, on the application of any public body or office holder having responsibility for enforcing section 9(1) or any provision made by virtue of section 10, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Despite subsection (1), section 9(1) and any provision made by virtue of section 10 apply to persons in the public service of the Crown as they apply to other persons.
(4)Nothing in this Act affects Her Majesty in Her private capacity.