{
  "url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-41.3",
  "json_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-41.3.json",
  "legislation": "uksi/1996/513",
  "legislation_title": "Act of Adjournal (Criminal Procedure Rules) 1996",
  "legislation_url": "https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996",
  "path": "schedule/2/paragraph/41.3",
  "kind": "paragraph",
  "number": "41.3",
  "heading": "Declarations and declarators",
  "text": "(1) Where in any proceedings a party seeks a declaration of incompatibility , incompatibility declarator or strike down declarator or the court is considering whether to make such a declaration or declarator at its own instance–\n(a) 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–\n(i) by the party seeking the declaration or declarator; or\n(ii) by the clerk of court,\nas 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\n(b) where notice is given by the party seeking the declaration or declarator the party shall lodge a certificate of notification in process.\n(2) Where any–\n(a) Minister of the Crown (or person nominated by him);\n(b) member of the Scottish Executive;\n(c) Northern Ireland Minister;\n(d) Northern Ireland department,\nwishes 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.\n(3) Where any of—\n(a) the Commissioner for Children and Young People in Scotland;\n(b) the Scottish Commission for Human Rights,\nwishes 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2026/328",
      "affecting_title": "Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) (No. 2) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/41.3",
    "retrieved_at": "2026-10-29T12:50:48.839518+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}