Wild Animals in Travelling Circuses (Scotland) Act 2018: guidance

How the Act Applies to the Crown

Criminal liability

55. Under section 8 of the Act, the Crown is not criminally liable for a breach of any provision of the Act. However, any act or omission by the Crown that constitutes a contravention of a provision could be declared unlawful by the Court of Session on an application by the Lord Advocate.

Access to Crown Land

56. Schedule 2 of the Act sets out how powers of entry apply to Crown land. The exercise of a power of entry under schedule 1 of the Act, including by warrant, also requires the consent of the "appropriate authority" when it involves Crown land. This includes land belonging to the Queen both in right of the Crown and in right of her private estates (such as the Balmoral estate) and land belonging to an office-holder in the Scottish Administration or department of the Government of the United Kingdom. Who the "appropriate authority" from whom consent is required depends on the ownership or management of the land, and is set out in paragraphs 2(2) and (3) of schedule 2.