Section 5 — Human Rights Act 1998: Right of Crown to intervene.

Right of Crown to intervene. 5 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 Supreme Court 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 Supreme Court