OpenLegislation

Section 24A Crown application: ScotlandF1

(1)

Section 4CA binds the Crown and applies in relation to Crown land as it applies in relation to other land.

(2)

Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity.

(3)

No contravention by the Crown of section 4D(2) in respect of a failure to comply with a requirement under a power conferred by section 4CA makes the Crown criminally liable.

(4)

But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5)

For the purposes of subsection (1), “ Crown land ” means land an interest in which—

(a)

belongs to Her Majesty in right of the Crown,

(b)

belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(6)

In subsection (5), “ an office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998.

Annotations

Textual amendments

F1

S. 24A inserted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(5), 66(2) (with s. 65); S.S.I. 2013/249, art. 2