Chapter 82 - The Human Rights Act 1988
Application and interpretation
82.1.- (1) This Chapter deals with various matters relating to the Human Rights Act 1998.
(2) In this Chapter,- "the 1998 Act" means the Human Rights Act 1998; "declaration of incompatibility" has the meaning given by section 4 of the 1998 Act.
Evidence of judgments etc
82.2- (1) Evidence of any judgment, decision, declaration or opinion of which account has to be taken by the court under section 2 of the 1998 Act shall be given by reference to any authoritative and complete report of the said judgment, decision, declaration or opinion and may be given in any manner.
(2) Evidence given in accordance with paragraph 91(1) shall be sufficient evidence of that judgment, decision, declaration or opinion.
Declaration of incompatibility
82.3- ((1) Where in any proceedings a party seeks a declaration of incompatibility or the court is considering whether to make such a declaration at its own instance - (a) notice in Form 82.3-A shall be given as soon as reasonably practicable to such persons as the Lord President may from time to time direct -
(i) by the party seeking the declaration; or
(ii) by the clerk of court, as the case may be, provided that there shall be no requirement to give such notice to a party or to the representative of a party; and
(b) where notice is given by the party seeking the declaration, the party shall lodge a certificate of notification in process;
(2) Where any -
(a) Minister of the Crown (or person nominated by him);
(b) member of the Scottish Government;
(c) Northern Ireland Minister;
(d) Northern Ireland department. wishes to be joined as a party to proceedings in relation to which the Crown is entitled to receive notice under section 5 of the 1998 Act he or, as the case may be, it shall serve notice in Form 82.3-B
82.4 Within 14 days after the date of service of the notice under rule 82.3(2), the person serving the notice shall lodge a minute in the proceedings in Form 82.4 and shall serve a copy of that minute on all other parties to the proceedings.
82.5 The court may fix a diet for a hearing on the question of incompatibility as a separate hearing from any other hearing in the proceedings and may sist the proceedings if it considers it necessary to do so while the question of incompatibility is being determined."
