PART 36APPEAL TO THE COURT OF APPEAL: GENERAL RULES
Declaration of incompatibility with a Convention right36.12
1
This rule applies where a party—
a
wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998877; or
b
raises an issue that the Registrar thinks may lead the court to make such a declaration.
2
The Registrar must serve notice on—
a
the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947878; or
b
the Treasury Solicitor, if it is not clear who is the relevant person.
3
That notice must include or attach details of—
a
the legislation affected and the Convention right concerned;
b
the parties to the appeal; and
c
any other information or document that the Registrar thinks relevant.
4
A person who has a right under the 1998 Act to become a party to the appeal must—
a
serve notice on—
i
the Registrar, and
ii
the other parties,
if that person wants to exercise that right; and
b
in that notice—
i
indicate the conclusion that that person invites the court to reach on the question of incompatibility, and
ii
identify each ground for that invitation, concisely outlining the arguments in support.
5
The court must not make a declaration of incompatibility—
a
less than 15 business days after the Registrar serves notice under paragraph (2); and
b
without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.