{
  "url": "https://openlegislation.uk/court-martial-appeal-court-rules-2009/article-24",
  "json_url": "https://openlegislation.uk/court-martial-appeal-court-rules-2009/article-24.json",
  "legislation": "uksi/2009/2657",
  "legislation_title": "The Court Martial Appeal Court Rules 2009",
  "legislation_url": "https://openlegislation.uk/court-martial-appeal-court-rules-2009",
  "path": "article/24",
  "kind": "article",
  "number": "24",
  "heading": "Declaration of incompatibility with a Convention right",
  "text": "(1) This rule applies where a party to proceedings to which these Rules apply—\n(a) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the 1998 Act ; or\n(b) raises an issue that the registrar thinks may lead the court to make such a declaration.\n(2) The registrar must serve notice on—\n(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947 ; or\n(b) the Treasury Solicitor, if it is not clear who is the relevant person.\n(3) That notice must include or attach details of—\n(a) the legislation affected by the Convention right concerned;\n(b) the parties to the appeal; and\n(c) any other information or document that the registrar thinks should be included.\n(4) A person who has a right under the 1998 Act to become a party to the appeal must—\n(a) serve notice on—\n(i) the registrar, and\n(ii) the other parties,\nif that person wants to exercise that right; and\n(b) in that notice—\n(i) indicate the conclusion that that person invites the court to reach on the question of incompatibility; and\n(ii) identify each ground for that invitation, concisely outlining the arguments in support.\n(5) The court must not make a declaration of incompatibility—\n(a) fewer than 21 days after the registrar serves notice under paragraph (2); and\n(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "Section 4 was amended by section 378 of, and paragraph 156 of Schedule 16 to, the 2006 Act."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1947 c. 44."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/2657/article/24",
    "retrieved_at": "2026-10-29T03:05:04.734106+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."
}