Part 3Building Act 1984

Miscellaneous and general

I159Crown application

In Part 5 of the Building Act 1984 before section 132 insert—

131ACrown application

1

The following provisions bind the Crown—

a

Part 1 except sections 35B to 37, 39A and 40;

b

Part 2;

c

Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6;

d

Part 4 so far as it relates to a provision within any of the preceding paragraphs.

2

No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable.

3

Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

4

Subsection (5) applies where—

a

a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or

b

a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales,

and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention.

5

The High Court may, on the application of—

a

the local authority (in a case within subsection (4)(a)), or

b

the Welsh Ministers (in a case within subsection (4)(b)),

declare unlawful the act or omission constituting the contravention.

6

In this section a reference to a provision includes any instrument made under it.

7

For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.