Legislation
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.
2
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 House of Lords against any declaration of incompatibility made in the proceedings.
5
In subsection (4)—
“criminal proceedings” includes all proceedings before the F1Court Martial Appeal Court; and
“leave” means leave granted by the court making the declaration of incompatibility or by the House of Lords.