4 Declaration of incompatibility

4  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

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