44.—(1) Subject to paragraph (2), these Regulations, other than regulation 45(2)(a), bind the Crown.
(2) No act or omission by or on behalf of the Crown shall constitute an offence or make the Crown liable to a penalty charge notice under these Regulations, but the High Court may, on the application of an enforcement authority, declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.