Related Commentary  Related Cases

4(1)  Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.

4(2)  If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.

4(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(4)  If the court is satisfied–

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