18.Under section 8 of the Act, the Crown is not criminally liable for breach of any provision of the Act. However, any act or omission by the Crown which constitutes a contravention of a provision establishing a criminal offence could be declared unlawful by the Court of Session on an application by the Lord Advocate.
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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