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Changes over time for: Section 5
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 01/10/2009
Status:
Point in time view as at 28/03/2009. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Human Rights Act 1998, Section 5.
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5 Right of Crown to intervene.U.K.
(1)Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court.
(2)In any case to which subsection (1) applies—
(a)a Minister of the Crown (or a person nominated by him),
(b)a member of the Scottish Executive,
(c)a Northern Ireland Minister,
(d)a Northern Ireland department,
is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings.
(3)Notice under subsection (2) may be given at any time during the proceedings.
(4)A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the House of Lords against any declaration of incompatibility made in the proceedings.
(5)In subsection (4)—
“criminal proceedings” includes all proceedings before the [Court Martial Appeal Court]; and
“leave” means leave granted by the court making the declaration of incompatibility or by the House of Lords.
Yn ôl i’r brig