Article 24 Declaration of incompatibility with a Convention right

(1)

This rule applies where a party to proceedings to which these Rules apply—

(a)

wants the court to make a declaration of incompatibility with a Convention right under section 4 of the 1998 Act M1; or

(b)

raises an issue that the registrar thinks may lead the court to make such a declaration.

(2)

The registrar must serve notice on—

(a)

the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947 M2; or

(b)

the Treasury Solicitor, if it is not clear who is the relevant person.

(3)

That notice must include or attach details of—

(a)

the legislation affected by the Convention right concerned;

(b)

the parties to the appeal; and

(c)

any other information or document that the registrar thinks should be included.

(4)

A person who has a right under the 1998 Act to become a party to the appeal must—

(a)

serve notice on—

(i)

the registrar, and

(ii)

the other parties,

if that person wants to exercise that right; and

(b)

in that notice—

(i)

indicate the conclusion that that person invites the court to reach on the question of incompatibility; and

(ii)

identify each ground for that invitation, concisely outlining the arguments in support.

(5)

The court must not make a declaration of incompatibility—

(a)

fewer than 21 days after the registrar serves notice under paragraph (2); and

(b)

without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Annotations

M1: Section 4 was amended by section 378 of, and paragraph 156 of Schedule 16 to, the 2006 Act.
M2: 1947 c. 44.