Section 78: Crown application
261.Section 78 provides that the provisions of Part 2 are to apply to acts done on behalf of the Crown as they apply to acts done by a private person. In addition, section 52 binds the Crown whatever the nature of the acts. Subsection (3) indicates that acts are to be treated as done on behalf of the Crown, if done by – or on behalf of:
a government minister or department (or, in Scotland, Scottish Ministers);
a statutory body acting on behalf of the Crown;
a statutory office holder acting on behalf of the Crown; or
a statutory office holder in the Scottish Administration (within the meaning of section 126(7) of the Scotland Act 1998 (c.46)).
262.Subsections (4) and (5) provide that proceedings under the provisions of this Part cannot be brought against the Queen acting in her personal or private capacity.