Section 6 Crown application of the 2005 Act

In the 2005 Act, after section 7 insert—

“Crown application

7A

(1)

Sections 5A to 5T apply to the Crown.

(2)

But nothing in section 5Q or 5R makes the Crown criminally liable.

(3)

The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (2).

(4)

Subsection (2) does not affect the criminal liability of persons in the service of the Crown.”.