Part 3Offences under Parts 1 and 2

21Crown application: criminal offences

(1)

Nothing in Part 1 or 2 makes the Crown criminally liable.

(2)

But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).

(3)

Subsection (1) does not affect the criminal liability of persons in the service of the Crown.