Natural Environment and Rural Communities Act 2006
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Change 1
54 Application of Part 1 of 1981 Act to Crown
(1) In the 1981 Act, before section 67 insert— Application of Part 1 to Crown 66A (1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown. (2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown. (5) Nothing in this Part affects Her Majesty in her private capacity. (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act. (2) For the heading to section 67, substitute “ Application of Parts 2 and 3 to Crown land ”.
54 Application of Part 1 of 1981 Act to Crown
(1) In the 1981 Act, before section 67 insert— Application of Part 1 to Crown 66A (1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown. (2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown. (5) Nothing in this Part affects Her Majesty in her private capacity. (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act. (2) For the heading to section 67, substitute “ Application of Parts 2 and 3 to Crown land ”.
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