Human Rights

Section 4 of the Human Rights Act 199819.4A

1

The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.

2

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

• (Only courts specified in section 4 of the Human Rights Act 1998 can make a declaration of incompatibility)

Section 9 of the Human Rights Act 1998

3

Where a claim is made under that Act for damages in respect of a judicial act—

a

that claim must be set out in the statement of case or the appeal notice; and

b

notice must be given to the Crown.

4

Where paragraph (3) applies and the appropriate person has not applied to be joined as a party within 21 days, or such other period as the court directs, after the notice is served, the court may join the appropriate person as a party.

• (A practice direction makes provision for these notices)