Marine (Scotland) Act 2010

162 Crown application

(1) This Act binds the Crown and applies in relation to Crown land as it applies in relation to any other land.

(2) Nothing in Part 4 is to be taken as in any way affecting Her Majesty in her private capacity.

(3) The modifications made by schedule 4 bind the Crown to the extent that the enactments modified bind the Crown.

(4) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(5) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(6) Despite subsection (4), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

(7) For the purposes of subsection (1), “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(8) In subsection (7)(a), the reference to Her Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).