Commentary Part 7 – Final Provisions Section 29 – Crown application: criminal offences
101.By virtue of section 20 of the Interpretation and Legislative Reform (Scotland) Act 2010, the Act applies to the Crown in Scotland. However, subsection (1) absolves the Crown of any criminal liability, should it be in contravention of the provision in section 5(5) of this Act. Instead, subsection (2) provides for the Court of Session to declare the act to be unlawful.