No contravention by the Crown of any provision made by or under Part 2 or 7 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 such a provision, declare unlawful any act or omission of the Crown which constitutes a contravention by the Crown of such a provision.

Despite subsection (1), any such provision applies to persons in the public service of the Crown as it applies to other persons.

Schedule 3 makes further provision about the application to the Crown of Parts 2 and 7.