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Transport (Scotland) Act 2001

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This is the original version (as it was originally enacted).

66Crown application

This section has no associated Explanatory Notes

(1)Sections 49 to 59 of this Act shall apply in relation to Crown roads (as defined in section 131(7)(b) of the Road Traffic Regulation Act 1984 (c. 27)) as those sections apply in relation to other roads.

(2)The provisions of this Part of this Act and of regulations and orders made under it shall bind the Crown.

(3)No contravention by the Crown of any provision of this Act or of any regulations or orders made under it shall make the Crown criminally liable; but the Court of Session may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4)Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall, subject to subsection (5) below, apply to motor vehicles, or persons, in the public service of the Crown as they apply to other motor vehicles or persons.

(5)No power of entry or seizure conferred by regulations made under section 56(2) of this Act shall be exercisable in relation to any motor vehicle in the public service of the Crown.

(6)Nothing in this section affects Her Majesty in Her private capacity.

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