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United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

Section 34: Power to intervene in proceedings where compatibility question arises

129.Where a compatibility question arises in a case, the court must notify the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights (unless they are already a party to the case). They can then take part in the proceedings as if they were a party to the case.

130.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).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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