Section 8 of the Act enables the court to make any further remedy it sees fit. A declaration of incompatibility is only the start of a remedy to a Human Rights Act 1998 claim. Hence, the declaration has no actual legal effect and the parties neither gain nor lose by it. The courts must still apply the legislation as it is and the parties to the actual case are unaffected by the declaration. Once the court has issued a declaration of incompatibility, the law remains the same until Parliament removes the incompatibility. Such a declaration will only be issued if such a reading is not possible. However, the declaration of incompatibility is often seen as a last resort as the judiciary will attempt to interpret primary legislation as being compatible. Where the court determines a piece of legislation is inconsistent with the Convention rights, the court can issue a declaration of incompatibility under section 4 of the Human Rights Act 1998. Section 3(1) of the Human Rights Act 1998 reads as follows: "So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights".
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