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Section 36 Crown applicationI1

(1)

This Part binds the Crown.

(2)

No contravention by the Crown of any provision made by or under this Part makes the Crown criminally liable.

(3)

But the Court of Session may, on the application F1of the Scottish Ministers or of the council in whose area the contravention is alleged to have taken place, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4)

Despite subsection (2), any provision made by or under this Part applies to persons in the public service of the Crown as it applies to other persons.

Annotations

Textual amendments

F1

Words in s. 36(3) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 70, 175(1)

Commencement

I1

S. 36 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Notes on Part 1

Textual amendments

F1

Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)

F2

Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)