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Part 3SOffences under Parts 1 and 2

21Crown application: criminal offencesS

(1)Nothing in Part 1 or 2 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 for which the Crown would be criminally liable were it not for subsection (1).

(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Commencement Information

I1S. 21 not in force at Royal Assent, see s. 39(2)

I2S. 21 in force at 6.1.2025 by S.S.I. 2024/370, reg. 2