# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 41.3: Declarations and declarators


(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–
(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–
(i) by the party seeking the declaration or declarator; or
(ii) 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
(b) where notice is given by the party seeking the declaration or declarator the party shall lodge a certificate of notification in process.
(2) Where any–
(a) Minister of the Crown (or person nominated by him);
(b) member of the Scottish Executive;
(c) Northern Ireland Minister;
(d) 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.
(3) Where any of—
(a) the Commissioner for Children and Young People in Scotland;
(b) 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.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/41.3 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-41.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.