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Change 1
As published
138 Crown application
(1) Subject to subsections (2) to (8), this Act and any regulations made under it bind the Crown.
(2) Sections 67 and 92 do not bind the Crown.
(3) In paragraph (b) of section 66(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section.
(4) In paragraph (b) of section 91(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—
(a) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3 of Part 2, or
(b) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.
(5) Sections 118 to 130 do not bind the Crown.
(6) Nothing in section 131 makes the Crown criminally liable.
(7) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section 131 but for subsection (6).
(8) An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 18).
(9) Nothing in this section affects the criminal liability of persons in the service of the Crown.
Your change, as a redline
138 Crown application
(1) Subject to subsections (2) to (8), this Act and any regulations made under it bind the Crown.
(2) Sections 67 and 92 do not bind the Crown.
(3) In paragraph (b) of section 66(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section.
(4) In paragraph (b) of section 91(1) as it applies by virtue of subsection (1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—
(a) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3 of Part 2, or
(b) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.
(5) Sections 118 to 130 do not bind the Crown.
(6) Nothing in section 131 makes the Crown criminally liable.
(7) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section 131 but for subsection (6).
(8) An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 18).
(9) Nothing in this section affects the criminal liability of persons in the service of the Crown.
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