Part 1Tobacco products etc.

Chapter 4Miscellaneous and supplementary

36Crown application

1

This Part binds the Crown.

2

No contravention by the Crown of any provision made by or under this Part makes the Crown criminally liable.

3

But the Court of Session may, on the application of the council in whose area the contravention is alleged to have taken place, declare unlawful any act or omission of the Crown which constitutes such a contravention.

4

Despite subsection (2), any provision made by or under this Part applies to persons in the public service of the Crown as it applies to other persons.