No act or omission of the Crown constitutes an offence under these Regulations.

The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which would but for paragraph (1) have constituted an offence under this regulation.

Despite paragraph (1), this regulation applies to a person in the public service of the Crown as it applies to other persons.