5. After rule 8 there shall be inserted—
8A.—(1) The court shall not consider making a declaration of incompatibility under section 4 of the Human Rights Act 1998 unless it has given written notice to the Crown.
(2) Where notice has been given to the Crown, a Minister or other person entitled under the Human Rights Act 1998 shall be so joined on giving written notice to the court.
(3) A notice given under paragraph (1) shall be served on—
(a)the person named in the list published under section 17(1) of the Crown Proceedings Act 1947(1); or
(b)in case of doubt as to whether any and if so which of those departments is appropriate, on the Treasury Solicitor.
(4) A notice given under paragraph (1) shall provide an outline of the issues in the case and specify—
(a)the appellant;
(b)the person to whom his petition was presented under rule 3(1), or to whom it was sent under rule 3(3);
(c)the date on which and place at which the court-martial was held; and
(d)the provision of primary legislation and the Convention right in question.
(5) Any consideration of whether a declaration of incompatibility should be made shall be adjourned for—
(a)21 days from the date of the notice given under paragraph (1); or
(b)such other period specified in the notice as the court shall allow, in order that the relevant Minister or other person may seek to be joined and to prepare his case.
(6) Unless the court otherwise directs, the Minister or other person entitled under the Human Rights Act 1998 to be joined as a party shall, if he is to be joined, give written notice to the court and to every other party.
(7) Where a Minister of the Crown has nominated a person to be joined as a party by virtue of section 5(2)(a) of the Human Rights Act 1998, a notice under paragraph (6) shall be accompanied by a written nomination signed by or on behalf of the Minister.”.