Commentary on Sections Application of this Part Section 10 – The Crown
44.Subsection (1) provides that Part 1 binds the Crown, except as otherwise expressly provided (for example, section 6(1) (insurance) does not apply to the Crown – see section 6(8)(a)). Subsection (2) exempts the Crown from criminal liability, although not persons in the service of the Crown (subsection (3)) (although, as explained above, section 9(1) exempts members of the armed forces from liability). Subsection (2) provides however for a relevant court to make a declaration against the Crown. For the purposes of Part 1 of the Act, subsection (4) ensures that references to the Crown include the Natural Environment Research Council (including the British Antarctic Survey), which is a Non-Departmental Public Body, and any other persons specified by the Secretary of State by order.