Paragraph 41.3 Declarations and declaratorsF1F6
Where in any proceedings a party seeks a declaration of incompatibility F3, incompatibility declarator or strike down declarator or the court is considering whether to make such a declaration F4or declarator at its own instance–
notice in Form 41.3-A shall be given as soon as reasonably practicable to such person as the Lord Justice General may from time to time direct–
by the party seeking the declaration or declarator; or
by the clerk of court,
as the case may be, provided that there shall be no requirement to give such notice to a party or to the representative of a party; and
where notice is given by the party seeking the declaration or declarator the party shall lodge a certificate of notification in process.
Where any–
Minister of the Crown (or person nominated by him);
member of the Scottish Executive;
Northern Ireland Minister;
Northern Ireland department,
wishes to be joined as a party to proceedings in relation to which the Crown is entitled to receive notice under section 5 of the 1998 Act he or, as the case may be, it shall serve notice in Form 41.3—B to that effect on the Deputy Principal Clerk of Justiciary and shall serve a copy of the notice on all other parties to the proceedings.
Where any of—
the Commissioner for Children and Young People in Scotland;
the Scottish Commission for Human Rights,
wishes to take part as a party to proceedings in relation to which it is entitled to receive intimation under section 27(1) of the 2024 Act, it shall serve notice in Form 41.3-B to that effect on the Deputy Principal Clerk of Justiciary and shall serve a copy of the notice on all other parties to the proceedings.
Annotations
Textual amendments
- F1
Sch. 2 Ch. 41 inserted (2.10.2000) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Human Rights Act 1998) 2000 (S.S.I. 2000/315), paras. 1(b), 2
- F2
Sch. 2 rule 41.3(1) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(6)
- F3
Words in Sch. 2 rule 41.3(1) inserted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(4)(c)(ii)
- F4
Words in Sch. 2 rule 41.3(1) inserted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(4)(c)(iii)
- F5
Sch. 2 rule 41.3(3) inserted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(4)(c)(iv)
- F6
Sch. 2 rule 41.3 heading substituted (16.7.2024) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/174), paras. 1(2), 2(4)(c)(i)