This Act and any regulations and orders made under it bind the Crown.

No contravention by the Crown of any provision made by virtue of 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 (2), any provision made by virtue of this Act applies to persons in the public service of the Crown as it applies to other persons.

Nothing in this section affects Her Majesty in her private capacity.