Commentary on Sections Part 12 – General and Miscellaneous Section 128 – Crown application
767.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 regulations made under section 39, on right of access to information on persons in control of land. Instead, subsection (2) provides for the Court of Session to declare such an act to be unlawful.
768.Amendments and insertions into the Agricultural Holdings Acts 1991 and 2003 also apply to the Crown in Scotland by virtue of section 79 of the 1991 Act and section 95 of the 2003 Act respectively.