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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 2000 No. 316 URL: http://www.bailii.org/scot/legis/num_reg/2000/20000316.html |
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The Lords of Council and Session, in exercise of the powers conferred upon them by section 5 of the Court of Session Act 1988[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 Sederunt-
(b) shall come into force on 2nd October 2000; and (c) shall be inserted in the Books of Sederunt.
Procedure in matters arising out of the Human Rights Act 1998 Application and interpretation 82.1 - (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 82.3 - B to that effect on the Deputy Principal Clerk of Session and shall serve a copy of the notice on all other parties to the proceedings.
Forms IN THE COURT OF SESSION in causa [A.B.] (designation and address) Pursuer [or Petitioner] against [C.D.] (designation and address) Defender [or Respondent] 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 Session in Form 82.3 - B. (Signed) Deputy Principal Clerk of Session IN THE COURT OF SESSION in causa [A.B.] (designation and address) Pursuer [or Petitioner] against [C.D.] (designation and address) Defender [or Respondent] To the Deputy Principal Clerk of Session The (specify Minister or other person) intends to join as a party to these proceedings. (Signed) Solicitor for (specify Minister or other person) (Address) IN THE COURT OF SESSION in causa [A.B.] (designation and address) Pursuer [or Petitioner] against [C.D.] (designation and address) Defender [or Respondent] To the Deputy Principal Clerk of Session (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)".
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| © Crown copyright 2000 | Prepared 29 September 2000 |
