OpenLegislation

Section 295 Application to the CrownI1

(1)

The provisions of Chapters 1 to 5 of this Part are binding on the Crown.

This is subject to subsection (2).

(2)

No contravention by the Crown of any provision of Chapter 5 is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)

Despite subsection (2), the provisions of Chapters 1 to 5 of this Part apply to persons in the public service of the Crown as they apply to other persons.

Annotations

Commencement

I1

S. 295 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 24

Notes on Part 8

Modifications

C1

Pt. 8: power to apply (with modifications) conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 14(4)(g), 32(1) (with s. 30)