PART 12HUMAN RIGHTS
General | Rule 12.1 |
General12
1
A party who seeks to rely upon any provision of or right arising under the Human Rights Act 1998 M1 (“the 1998 Act”) or who seeks a remedy available under that Act must inform the court in the manner set out in the relevant practice direction specifying—
a
the Convention right (within the meaning of the 1998 Act) which it is alleged has been infringed and details of the alleged infringement; and
b
the remedy sought and whether this includes a declaration of incompatibility under section 4 of the 1998 Act.
2
The court may not make a declaration of incompatibility unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.
3
Where notice has been given to the Crown, a Minister or other person permitted by the 1998 Act shall be joined as a party on filing an application in accordance with rule 9.15 (application to be joined as a party).