Legislation
C23 Interpretation of legislation.
1
So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.
2
This section—
a
applies to primary legislation and subordinate legislation whenever enacted;
b
does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
c
does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility.
4 Declaration of incompatibility.
1
Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.
2
If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.
3
Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.
4
If the court is satisfied—
a
that the provision is incompatible with a Convention right, and
b
that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,
it may make a declaration of that incompatibility.
5
In this section “court” means—
F1a
the Supreme Court;
b
the Judicial Committee of the Privy Council;
c
the F2Court Martial Appeal Court ;
d
in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
e
in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
6
A declaration under this section (“a declaration of incompatibility”)—
a
does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and
b
is not binding on the parties to the proceedings in which it is made.
5 Right of Crown to intervene.
1
Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court.
C12
In any case to which subsection (1) applies—
a
a Minister of the Crown (or a person nominated by him),
b
a member of the Scottish Executive,
c
a Northern Ireland Minister,
d
a Northern Ireland department,
is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings.
3
Notice under subsection (2) may be given at any time during the proceedings.
4
A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the F4Supreme Court against any declaration of incompatibility made in the proceedings.