Tobacco and Vapes Act 2026
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Change 1
110 Power to make provision binding the Crown
(1) Regulations under this Part may include provision binding the Crown. (2) Regulations under this Part which include provision binding the Crown— (a) must provide that the Crown is not criminally liable as a result of any such provision, and (b) may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a). (3) Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland. (4) Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.
110 Power to make provision binding the Crown
(1) Regulations under this Part may include provision binding the Crown. (2) Regulations under this Part which include provision binding the Crown— (a) must provide that the Crown is not criminally liable as a result of any such provision, and (b) may confer power on the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, to declare unlawful any act or omission for which the Crown would be criminally liable if it were not for provision made by virtue of paragraph (a). (3) Provision made by virtue of subsection (2)(b) which confers power on the Court of Session to make a declaration must provide that such a declaration may only be made on an application by the Scottish Ministers or a local weights and measures authority in Scotland. (4) Provision made by virtue of this section does not affect the application of regulations under this Part in relation to persons in the public service of the Crown.
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