What is the legal effect of a declaration of incompatibility?
A) There is no legal effect because the declaration does not affect the validity of the Act.
B) There is a legal effect because the declaration invalidates the Act in question.
C) There is a legal effect because the party bringing the action will win if the court issues a declaration of incompatibility.
D) There is a legal effect because the public authority defending the action will lose if the court issues a declaration of incompatibility.

Question

Quizplus · Accepted Answer

A declaration of incompatibility does not affect the validity of the Act in question. It is a formal statement by a court that the legislation is incompatible with human rights under the Human Rights Act 1998 in the UK, but it does not invalidate the legislation or have direct legal consequences on its applicability.

What Is the Legal Effect of a Declaration of Incompatibility