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PART IGENERAL

Application of Regulations to the Crown and modifications relating to national security

4.—(1) Subject to paragraphs (2) to (4), the provisions of these Regulations shall bind the Crown.

(2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the chief inspector, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.

(4) In the application of this regulation to Northern Ireland references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland.

(5) The requirements of these Regulations shall not have effect to the extent that in any particular case they would, in the opinion of the Secretary of State for Defence, be against the interests of national security.