A declaration of incompatibility in UK constitutional law is a declaration issued by a United Kingdom judge that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4.
[1] However, the declaration of incompatibility is often seen as a last resort as the judiciary will attempt to interpret primary legislation as being compatible.
A declaration of incompatibility is only the start of a remedy to a Human Rights Act 1998 claim.
Section 8 of the Act enables the court to make any further remedy it sees fit.
[5] By section 10 of the Human Rights Act 1998, a "fast track" option of a remedial order (a type of statutory instrument) can be used by the ministers to amend non-compliant legislation which has been declared incompatible (except if it is a measure of the Church of England).