Amendment of the principal rules
4. Order 121 shall be amended as follows—
(a)in rule 1, by inserting after the definition of “public authority” the following definition:
““subordinate legislation” has the same meaning as in section 21 of the Act”; and
(b)by inserting after rule 3 the following new rule—
“Subordinate Legislation: Notice to the Crown
3A.—(1) Where at any time in proceedings before the High Court or the Court of Appeal the Court is considering the compatibility of subordinate legislation with the Convention rights it shall give notice—
(a)to the Crown; and
(b)to each of the parties to the proceedings as soon as practicable thereafter.
(2) Notice to the Crown under paragraph (1) shall be given by the Court having regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947(1).
(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.
(4) Where notice has been given under paragraph (1) the Court may on application or of its own motion order that the Crown be joined as a party and may give such directions as it considers necessary for the further conduct of the proceedings.”.
1947 c. 44 (applied to Northern Ireland by S.I. 1981/233)