No contravention of any provision made by or under this Part makes the Crown criminally liable.

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

Despite subsection (1), any provision made by or under this Part applies to a person in the public service of the Crown as it applies to other persons.