16 January 2024
123.Section 31 provides the definition of “compatibility question” for this Part. These are questions arising in civil proceedings as to whether words in legislation to which section 29 or 30 apply are compatible with the UNCRC requirements or whether a public authority has acted (or proposes to act) in a way which section 6 makes unlawful.
124.Subsection (2) excludes from the meaning of “compatibility questions” things that would otherwise meet the definition but which occur in criminal proceedings. Those are dealt with as UNCRC compatibility issues and are covered by section 32 instead.
125.Subsection (3) sets out that a compatibility question is not to be taken to have arisen in proceedings just because a party claims one has, if the court or tribunal thinks the party’s contention is frivolous or vexatious.