Crown application
29Crown application: criminal offences
(1)No contravention by the Crown of section 5(5) makes the Crown criminally liable.
(2)But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Despite subsection (1), this Act applies to persons in the public service of the Crown as it applies to other persons.
30Crown application: powers of entry
(1)A power of entry conferred by or under this Act is exercisable in relation to Crown land only with the consent of the appropriate authority.
(2)The following table determines what is “Crown land” and who the “appropriate authority” is in relation to each kind of Crown land.
| Crown land | Appropriate authority |
|---|---|
| Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown estate | The Crown Estate Commissioners |
| Other land an interest in which belongs to Her Majesty in right of the Crown | The office-holder in the Scottish Administration or the Government department having the management of the land |
| Land an interest in which belongs to Her Majesty in right of Her private estates | The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers |
| Land an interest in which belongs to an office-holder in the Scottish Administration | The relevant office-holder in the Scottish Administration |
| Land an interest in which belongs to a Government department | The relevant Government department |
| Land an interest in which is held in trust for Her Majesty for the purposes of the Scottish Administration | The relevant office-holder in the Scottish Administration |
| Land an interest in which is held in trust for Her Majesty for the purposes of a Government department | The relevant Government department |
(3)“Government department” means a department of the Government of the United Kingdom.
(4)References to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).