Subject to the following provisions of this section, this Act binds the Crown.

No contravention by the Crown of a provision made by or under this Act shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Notwithstanding subsection (2), the provisions made by or under this Act apply to persons in the public service of the Crown as they apply to other persons.

Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the M1Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.