16 January 2024
110.Section 27 requires a court considering making a strike down declarator or an incompatibility declarator to afford the following persons an opportunity to make representations to it:
the Lord Advocate, who is the Scottish Government’s senior law officer,
the Commissioner for Children and Young People in Scotland,
the Scottish Commission for Human Rights.
111.If the involvement of those persons results in the litigation becoming more expensive than it would otherwise have been, section 38 allows the court to award those expenses to the party who incurred them (whatever the outcome).