Rule 50.28 Declaration of incompatibility with a Convention rightI1

England and Wales

(1)

This rule applies where a party—

(a)

wants the High Court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998^f1; or

(b)

raises an issue that appears to the High Court may lead to the court making such a declaration.

(2)

If the High Court so directs, the High Court officer must serve notice on—

(a)

the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947^f2; 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 and the Convention right concerned;

(b)

the parties to the appeal; and

(c)

any other information or document that the High Court thinks relevant.

(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 High Court officer, 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 High Court to reach on the question of incompatibility, and

(ii)

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

(5)

The High Court must not make a declaration of incompatibility—

(a)

less than 15 business days after the High Court officer 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

Commencement

I1: Rule 50.28 in force at 6.10.2025, see Preamble

Footnotes

f1: 1998 c. 42; section 4 was amended by section 40 of, and paragraph 66 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and section 67 of, and paragraph 43 of Schedule 6 to, the Mental Capacity Act 2005 (c. 9).
f2: 1947 c. 44; section 17 was amended by article 3(2) of S.I. 1968/1656.

Notes on

Footnotes

f1: 2003 c. 41; sections 26 and 28 were amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: 2003 c. 41; section 108 was amended by paragraphs 10 and 12 of Schedule 20 to the Crime and Courts Act 2013 (c. 22). Section 108 was further amended, and sections 103, 105 and 110 were amended, by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).