Page:Chemical Weapons Act 1996.pdf/25

Rh (2) The power to make an order under this section shall, if the order solely modifies the Schedule to this Act, be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The power to make any other order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

37.—(1) Subject to the following provisions of this section, this Act binds the Crown.

(2) No contravention by the Crown of a provision made by or under this Act shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding subsection (2), the provisions made by or under this Act apply to persons in the public service of the Crown as they apply to other persons.

(4) Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act. General

38.—(1) Any expenses of the Secretary of State incurred in consequence of this Act shall be paid out of money provided by Parliament.

(2) Any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.

39.—(1) This Act (except this section) shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

(2) It is hereby declared that this Act extends to Northern Ireland.

(3) Her Majesty may by Order in Council make provision for extending any of the provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.

(4) This Act may be cited as the Chemical Weapons Act 1996.