This Act binds the Crown.

But subordinate legislation made under this Act need not bind the Crown.

No contravention by the Crown of a provision made by or under this Act makes the Crown criminally liable.

But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

Despite subsection (3), the provisions made by and under this Act apply to persons in the public service of the Crown as they apply to other persons.