ABSTRACT
Where a higher court119 makes a declaration of incompatibility, or where the Court of Human Rights in Strasbourg declares that the Convention has been violated, the relevant government minister will have power to enact amending legislation by Order in Council (a ‘remedial order’). Other than where it is necessary for the Order to have immediate effect, the Order will be subject to the approval of both Houses of Parliament, and will only come into effect once approval has been secured. Section 10 and Schedule 2 regulate remedial action and remedial orders.
