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

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

Despite subsection (1), any provision made by or under this Part applies to persons in the public service of the Crown as it applies to other persons.

The power conferred by section 4(2)(d) does not apply in relation to Crown land.

In this section, “Crown land” means land held or used by or on behalf of the Crown (and includes an interest belonging to Her Majesty in right of Her private estates).