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Paragraph 41.5 Declarations and declaratorsF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The court may fix a diet for a hearing on the question of incompatibility as a separate hearing from any other hearing in the proceedings and may sist the proceedings if it considers it necessary to do so while the question of incompatibility is being determined.

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 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)

Notes on Chapter 41

Textual amendments

F2

Sch. 2 Ch. 41 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)(a)