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Application to the Crown
32.- (1) Subject to the provisions of this regulation, these Regulations bind the Crown.
(2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable under regulation 28 and no proceedings may be taken against the Crown under regulation 29 but the Court of Session may, on an application by SEPA, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.
[(4) If the Scottish Ministers (having first consulted the Secretary of State in this regard) certifies that it appears to them, as respects any Crown premises and any specified powers of entry exercisable under section 108 of the Environment Act 1995 in relation to functions conferred or imposed by these Regulations, that it is requisite or expedient that, in the interests of national security, the powers of entry should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this paragraph "specified" means specified in the certificate and "Crown premises" means premises held or used by or on behalf of the Crown.]
(5) Nothing in this regulation shall be taken as in any way affecting Her Majesty in her private capacity; and this regulation shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity)9 were contained in these Regulations.
Notices
33.- (1) Any notice served or given under these Regulations by the Scottish Ministers or by SEPA shall be in writing.
(2) Any such notice may be served on or given to a person by leaving it at his proper address or by sending it by post to him at that address.
(3) Any such notice may -
(a) in the case of a body corporate, be served on the secretary or clerk of that body;
(b) in the case of a partnership, be served on or given to a partner or person having the control or management of the partnership business.
(4) For the purpose of this regulation and of section 7 of the Interpretation Act 1978(a) (service of documents by post) in its application to this regulation, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that -
(a) in the case of a body corporate or their secretary of clerk, it shall be the address of the registered or principal office of that body;
(b) in the case of a partnership or person having the control or management of the partnership business, it shall be the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside of the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
(5) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of paragraph (4) as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as his proper address.
Amendment and repeals
34.- (1) The enactments and other instruments mentioned in Schedule 10 shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of these Regulations).
(2) The enactments and other instruments mentioned in Schedule 11 are repealed to the extent specified in the third column of that Schedule.
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
1999
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