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Human Rights Act 1998

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Changes over time for: Section 4

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Version Superseded: 28/03/2009

Status:

Point in time view as at 01/10/2007. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Human Rights Act 1998, Section 4. Help about Changes to Legislation

4 Declaration of incompatibility.U.K.

(1)Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.

(2)If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.

(3)Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.

(4)If the court is satisfied—

(a)that the provision is incompatible with a Convention right, and

(b)that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,

it may make a declaration of that incompatibility.

(5)In this section “court” means—

(a)the House of Lords;

(b)the Judicial Committee of the Privy Council;

(c)the Courts-Martial Appeal Court ;

(d)in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;

(e)in England and Wales or Northern Ireland, the High Court or the Court of Appeal.

[F1(f)the Court of Protection, in any matter being dealt with by the President of the Family Division, the Vice-Chancellor or a puisne judge of the High Court.]

(6)A declaration under this section (“a declaration of incompatibility”)—

(a)does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and

(b)is not binding on the parties to the proceedings in which it is made.

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