Part 5Compatibility questions and UNCRC compatibility issues

I131Meaning of “compatibility question”

1

In sections 33 to 44, a “compatibility question” means—

a

a question whether words in an enactment to which section 29 or 30 applies give rise to an incompatibility with the UNCRC requirements,

b

a question whether a public authority has acted (or proposed to act) in a way which is made unlawful by section 6(1).

2

But a question arising in criminal proceedings that would, apart from this subsection, be a compatibility question is not a compatibility question if it is a UNCRC compatibility issue.

3

A compatibility question is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

4

Any duty or power conferred by this Act to refer a compatibility question to a court is to be read as a duty or (as the case may be) power to refer the issue to the court for decision.