The Family Procedure (Adoption) Rules 2005

Human Rights Act 1998

116.—(1) A party who seeks to rely on any provision of or right arising under the Human Rights Act 1998(1) or seeks a remedy available under that Act must inform the court in his application or otherwise in writing specifying—

(a) the Convention right which it is alleged has been infringed and details of the alleged infringement; and

(b) the relief sought and whether this includes a declaration of incompatibility.

(2) The High Court may not make a declaration of incompatibility unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.

(3) Where notice has been given to the Crown, a Minister, or other person permitted by that Act, will be joined as a party on giving notice to the court.

(4) Where a claim is made under section 7(1) of the Human Rights Act 1998 (claim that public authority acted unlawfully) in respect of a judicial act—

(a) that claim must be set out in the application form or the appeal notice; and

(b) notice must be given to the Crown.

(5) Where paragraph (4) applies and the appropriate person (as defined in section 9(5) of the Human Rights Act 1998) has not applied within 21 days, or such other period as the court directs, beginning with the date on which the notice to be joined as a party was served, the court may join the appropriate person as a party.

(6) On any application concerning a committal order, if the court ordering the release of the person concludes that his Convention rights have been infringed by the making of the order to which the application or appeal relates, the judgment or order should so state, but if the court does not do so, that failure will not prevent another court from deciding the matter.

(7) Where by reason of a rule, practice direction or court order the Crown is permitted or required—

(a) to make a witness statement;

(b) to swear an affidavit;

(c) to verify a document by a statement of truth; or

(d) to discharge any other procedural obligation,

that function will be performed by an appropriate officer acting on behalf of the Crown, and the court may if necessary nominate an appropriate officer.

(8) In this rule—

“Convention right” has the same meaning as in the Human Rights Act 1998; and

“declaration of incompatibility” means a declaration of incompatibility under section 4 of the Human Rights Act 1998.

(A practice direction makes provision for the notices mentioned in this rule.)

(1)

1998 c. 42.