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.

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 F1Supreme Court against any declaration of incompatibility made in the proceedings.

5

In subsection (4)—

  • criminal proceedings” includes all proceedings before the F2Court Martial Appeal Court; and

  • leave” means leave granted by the court making the declaration of incompatibility or by the F3Supreme Court