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Article 2 Human Rights Act 1998

Original text. Later amendments are not shown.

(1)

It is directed that, in respect of any proceedings to which paragraph (2) applies, the function of a Minister of the Crown under section 5(2) of the Human Rights Act (joinder of Minister etc. as a party to proceedings) shall be exercisable by the National Assembly concurrently with any Minister of the Crown by whom it is exercisable.

(2)

This paragraph applies to any proceedings in which a court is considering whether to make a declaration of incompatibility within the meaning of section 4 of the Human Rights Act 1998 in respect of –

(a)

subordinate legislation made by the National Assembly; and

(b)

subordinate legislation made, in relation to Wales, by a Minister of the Crown in the exercise of a function which is exercisable by the National Assembly.