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Section 38 Crown applicationC2C3C4C5I1I2C1

(1)

This Part and any provisions made under it bind the Crown (but do not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).

(2)

Nothing in subsection (1) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.

Annotations

Modifications

C1

Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

C2

Pt. 3 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(4), Sch. 2

C3

Pt. 3 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 23(4)(7), Sch. 4

C4

Pt. 3 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 20(4), Sch. 4

C5

Pt. 3 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 20(4), Sch. 4

Commencement

I1

S. 38 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I2

S. 38 in force at 1.4.2008 for E. by S.I. 2007/3184, art. 3

Notes on Part 3

Modifications

C1

Pt. 3 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 3

C3

Pt. 3 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(7) (with arts. 55-57, Sch. 8 para. 13)

C5

Pt. 3 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 3(1) (with Sch. 24 para. 3(2))

C6

Pt. 3 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(7) (with art. 55)

C9

Pt. 3 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 22(4), Sch. 2 Pt. 2 (with art. 9)

C10

Pt. 3 applied (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 14(4), Sch. 3

C11

Pt. 3 applied (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 13(4), Sch. 3

C12

Pt. 3 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 19(4), Sch. 4

C13

Pt. 3 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 11(4), Sch. 2