Part 3Building Act 1984
Miscellaneous and general
I159Crown application
In Part 5 of the Building Act 1984 before section 132 insert—
131ACrown application
1
The following provisions bind the Crown—
a
Part 1 except sections 35B to 37, 39A and 40;
b
Part 2;
c
Part 2A except sections 58I to 58K, 58U, 58V and 58Z4 to 58Z6;
d
Part 4 so far as it relates to a provision within any of the preceding paragraphs.
2
No contravention by the Crown of a provision within subsection (1)(a) to (d) makes the Crown criminally liable.
3
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
4
Subsection (5) applies where—
a
a contravention of a provision within subsection (1)(a) or (b), or of Part 4 so far as it relates to such a provision, occurs in relation to a building or proposed building for which a local authority is the building control authority, or
b
a contravention of a provision within subsection (1)(c), or of Part 4 so far as it relates to such a provision, occurs in relation to Wales,
and the Crown would, but for subsection (2), be criminally liable under this Act in respect of the contravention.
5
The High Court may, on the application of—
a
the local authority (in a case within subsection (4)(a)), or
b
the Welsh Ministers (in a case within subsection (4)(b)),
declare unlawful the act or omission constituting the contravention.
6
In this section a reference to a provision includes any instrument made under it.
7
For the application to the Crown of Part 3, and Part 4 so far as it relates to that Part, see section 87.