Declaration of incompatibility.

1 Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. 2 If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility. 3 Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right. 4 If the court is satisfied— a that the provision is incompatible with a Convention right, and b that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility. 5 In this section “ court ” means— a the Supreme Court; b the Judicial Committee of the Privy Council; c the Court Martial Appeal Court ; d in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session; e in England and Wales or Northern Ireland, the High Court or the Court of Appeal. f the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. 6 A declaration under this section (“ a declaration of incompatibility ”)— a does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and b is not binding on the parties to the proceedings in which it is made.