In the case when a declaration of incompatibility is made, the act remains valid and must be applied by the courts in the case that a decision is being made on

Question

Quizplus · Accepted Answer

A declaration of incompatibility does not invalidate the act, but rather brings attention to the fact that it infringes upon rights protected by the Human Rights Act. Therefore, the act must still be applied by the courts, but with consideration and interpretation in line with the HRA.

In the Case When a Declaration of Incompatibility Is Made