Environment Act 1995

Prospective

The Sewerage (Scotland) Act 1968E+W+S

3E+W+SFor section 55 of the M1Sewerage (Scotland) Act 1968 (Crown application) there shall be substituted—

55 Application of Act to Crown.

(1)Subject to the provisions of this section, this Act shall bind the Crown.

(2)No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the Court of Session may, on the application of a sewerage authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)Notwithstanding anything in subsection (2) above, any provision made by or under this Act shall apply to persons in the public service of the Crown as it applies to other persons.

(4)If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate, that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to those premises, those powers shall not be exercisable in relation to those premises.

(5)Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity.

(6)In this section “Crown premises” means premises held by or on behalf of the Crown..

Marginal Citations