Detailed Provisions Part 4: General provisions Section 29: Crown application: criminal offences
207.The Act applies to the Crown under section 20(1) of the Interpretation and Legislative Reform (Scotland) Act 2010.
208.Subsection (1) makes clear that nothing in the Act makes the Crown criminally liable, but subsection (3) provides that this does not affect the criminal liability of persons in the service of the Crown.
209.Subsection (2) allows the Court of Session to declare unlawful acts or omissions for which the Crown would be criminally liable if it were not for subsection (1).