Article 43A Compatibility question under the 2024 Act - raising, intimation and noticeF1
This rule applies to—
raising a compatibility question in proceedings before the Tribunal,
intimation of a compatibility question to the relevant authorities under section 34(1) of the 2024 Act,
notice by a relevant authority of their intention to intervene in proceedings under section 34(2) of that Act.
A compatibility question may be raised by a party or relevant person at any stage in the proceedings.
Where a party or relevant person raises a compatibility question, they must, so far as the party or relevant person is able to do so, set out in sufficient detail—
the facts and circumstances, and
the contentions of law,
on the basis of which it is claimed that the compatibility question arises.
On receiving notice of a compatibility question in accordance with paragraph (3), the Tribunal must—
if it considers that it does not have sufficient detail about the basis on which the compatibility question arises to meet the overriding objective, direct the party or relevant person who gave the notice to set out the facts and circumstances and contentions of law on the basis of which it is claimed the compatibility question arises to the Tribunal within such period as it may determine,
determine if it considers that the compatibility question is frivolous or vexatious with reference to section 31(3) of the 2024 Act,
if satisfied as to the basis of the compatibility question, intimate under section 34(1) of the 2024 Act in writing to each relevant authority the matters specified in paragraph (5).
The matters to be intimated to each relevant authority are—
the fact that a compatibility question has arisen in proceedings before the Tribunal,
the details of the matters raised in the proceedings,
the details of the compatibility question that has arisen and, if known at the time of intimation, the position of each party to proceedings in respect of the compatibility question,
that to take part in the proceedings as a party the relevant authority must—
give notice to the Tribunal of their intention to do so within 14 days of receipt of the intimation made under this rule, or within such period as the Tribunal may specify, should it be satisfied there are exceptional circumstances which require the time period to be adjusted,
within 7 days after the date of such notice, or within such period as the Tribunal may specify, provide written submissions to the Tribunal in respect of the compatibility question in such form, and in accordance with such intimation requirements on other parties to proceedings (including any other relevant authorities), as the Tribunal may specify.
The Tribunal must provide each relevant authority with all documents relevant to the consideration of the compatibility question.
The Tribunal must, if those submissions under paragraph (5)(d)(ii) are provided, take steps to allow a relevant authority to take part as a party to proceedings so far as the proceedings relate to the compatibility question.
The Tribunal may fix a hearing to consider a compatibility question as a separate hearing from any other hearing in the proceedings.
The Tribunal may suspend the proceedings under rule 52 if it considers it necessary to do so while a compatibility question is being determined.
Where a relevant authority does not take part as a party to proceedings at first instance, the relevant authority is not precluded from intervening in any subsequent appeal, so far as those proceedings relate to a compatibility question.
Where a relevant authority does not take part as a party to proceedings and that relevant authority requests to be notified of the outcome of proceedings in respect of the compatibility question, including regarding any subsequent appeal which relates to the determination of the compatibility question, the Tribunal must notify the relevant authority of this as soon as practicable.