http://www.legislation.gov.uk/asp/2020/13/section/96Disclosure (Scotland) Act 2020An Act of the Scottish Parliament to restate and amend the law relating to the disclosure of criminal history and other information by the Scottish Ministers; to make amendments to the Protection of Vulnerable Groups (Scotland) Act 2007; and for connected purposes.texttext/xmlenStatute Law Database2026-04-01Expert Participation2026-04-01Disclosure (Scotland) Act 2020sch. 1 para. 43A-43C and cross-headingRegulation of Legal Services (Scotland) Act 2025sch. 3 para. 46(2)(a)s. 103(3)Disclosure (Scotland) Act 2020sch. 3 para. 31(1)Children (Care and Justice) (Scotland) Act 2024sch. para. 25(2)(a)(i)s. 38(3)Disclosure (Scotland) Act 2020sch. 3 para. 20Children (Care and Justice) (Scotland) Act 2024sch. para. 25(2)(a)(ii)s. 38(3)Disclosure (Scotland) Act 2020sch. 3 para. 21Children (Care and Justice) (Scotland) Act 2024sch. para. 25(2)(a)(iii)s. 38(3)Disclosure (Scotland) Act 2020sch. 3 para. 31Children (Care and Justice) (Scotland) Act 2024sch. para. 25(2)(b)s. 38(3)PART 3General
96Crown application(1)

Nothing in or under this Act makes the Crown criminally liable.

(2)

The Court of Session may, on an application by the Scottish Ministers, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3)

Subsection (1) does not affect the criminal liability of persons in the service of the Crown.