BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Instruments of the Scottish Parliament |
||
|
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 2000 No. 315 URL: http://www.bailii.org/scot/legis/num_reg/2000/20000315.html |
||
[New search] [Help]
The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary in exercise of the powers conferred upon them by section 305 of the Criminal Procedure (Scotland) Act 1995[1] and sections 2 and 5 of the Human Rights Act 1998[2] and of all other powers enabling them in that behalf, do hereby enact and declare: Citation and commencement 1. This Act of Adjournal-
(b) shall come into force on 2nd October 2000; and (c) shall be inserted in the Books of Adjournal.
Procedure in matters arising out of the Human Rights Act 1998 Application and interpretation 41.1. - (1) This Chapter deals with various matters relating to the Human Rights Act 1998. (2) In this Chapter-
Evidence of judgments etc
(b) member of the Scottish Executive; (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 41.3 - B to that effect on the Deputy Principal Clerk of Justiciary and shall serve a copy of the notice on all other parties to the proceedings.
3.
After Form 40.12 there is inserted- IN THE HIGH COURT OF JUSTICIARY AT (place) IN HER MAJESTY'S ADVOCATE against [C.D.] (address or Prisoner in the Prison of {place}) Date: (date of posting or other method of service) To: (specify Minister or other person on whom notice is to be served) TAKE NOTICE That the court is considering whether or not to make a declaration under section (specify section 4(2), in relation to primary legislation or section 4(4) in relation to subordinate legislation) of the Human Rights Act 1998 that (specify the primary or subordinate legislation which is the subject of the proposed declaration) is incompatible with (specify the Convention right) for the following reasons: (set out the reasons in summary). You may apply to become a party to the proceedings. If you wish to do so you should notify the Deputy Principal Clerk of Justiciary in Form 41.3 - B. (Signed) Deputy Principal Clerk of Justiciary IN THE HIGH COURT OF JUSTICIARY in HER MAJESTY'S ADVOCATE against [C.D.] (address or Prisoner in the Prison of {place}) To the Deputy Principal Clerk of Justiciary The (specify Minister or other person) intends to join as a party to these proceedings. (Signed) Solicitor for (specify Minister of other person) (Address) IN THE HIGH COURT OF JUSTICIARY IN HER MAJESTY'S ADVOCATE against [C.D.] (address or Prisoner in the Prison of {place}) To the Deputy Principal Clerk of Justiciary (set out the basis on which the court is considering whether or not to make a declaration of incompatibility including where appropriate a summary of any facts on which it proposes to rely, of any proposition of law which it proposes to enforce, and of any argument which it proposes to make) (Signed) Solicitor for (specify Minister or other person)".
[3] S.I. 1996/513 as amended.back
|
|
| © Crown copyright 2000 | Prepared 29 September 2000 |
