Human Rights Act 1998 | ||
1998 Chapter 42 - continued | ||
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An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. [9th November 1998] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- | ||
Introduction | ||
The Convention Rights. | 1. - (1) In this Act "the Convention rights" means the rights and fundamental freedoms set out in- | |
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as read with Articles 16 to 18 of the Convention. | ||
(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15). | ||
(3) The Articles are set out in Schedule 1. | ||
(4) The Secretary of State may by order make such amendments to this Act as he considers appropriate to reflect the effect, in relation to the United Kingdom, of a protocol. | ||
(5) In subsection (4) "protocol" means a protocol to the Convention- | ||
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(6) No amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the United Kingdom. | ||
Interpretation of Convention rights. | 2. - (1) A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any- | |
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whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. | ||
(2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules. | ||
(3) In this section "rules" means rules of court or, in the case of proceedings before a tribunal, rules made for the purposes of this section- | ||
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Legislation | ||
Interpretation of legislation. | 3. - (1) 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. | |
(2) This section- | ||
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Declaration of incompatibility. | 4. - (1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. | |
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility. | ||
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right. | ||
(4) If the court is satisfied- | ||
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it may make a declaration of that incompatibility. | ||
(5) In this section "court" means- | ||
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(6) A declaration under this section ("a declaration of incompatibility")- | ||
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Right of Crown to intervene. | 5. - (1) Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court. | |
(2) In any case to which subsection (1) applies- | ||
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is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings. | ||
(3) Notice under subsection (2) may be given at any time during the proceedings. | ||
(4) A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the House of Lords against any declaration of incompatibility made in the proceedings. | ||
(5) In subsection (4)- | ||
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Public authorities | ||
Acts of public authorities. | 6. - (1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right. | |
(2) Subsection (1) does not apply to an act if- | ||
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(3) In this section "public authority" includes- | ||
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but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament. | ||
(4) In subsection (3) "Parliament" does not include the House of Lords in its judicial capacity. | ||
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private. | ||
(6) "An act" includes a failure to act but does not include a failure to- | ||
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Proceedings. | 7. - (1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may- | |
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but only if he is (or would be) a victim of the unlawful act. | ||
(2) In subsection (1)(a) "appropriate court or tribunal" means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding. | ||
(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act. | ||
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act. | ||
(5) Proceedings under subsection (1)(a) must be brought before the end of- | ||
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but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. | ||
(6) In subsection (1)(b) "legal proceedings" includes- | ||
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(7) For the purposes of this section, a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act. | ||
(8) Nothing in this Act creates a criminal offence. | ||
(9) In this section "rules" means- | ||
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and includes provision made by order under section 1 of the Courts and Legal Services Act 1990. | ||
(10) In making rules, regard must be had to section 9. | ||
(11) The Minister who has power to make rules in relation to a particular tribunal may, to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section 6(1), by order add to- | ||
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(12) An order made under subsection (11) may contain such incidental, supplemental, consequential or transitional provision as the Minister making it considers appropriate. | ||
(13) "The Minister" includes the Northern Ireland department concerned. | ||
Judicial remedies. | 8. - (1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. | |
(2) But damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings. | ||
(3) No award of damages is to be made unless, taking account of all the circumstances of the case, including- | ||
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the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. | ||
(4) In determining- | ||
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the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. | ||
(5) A public authority against which damages are awarded is to be treated- | ||
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(6) In this section- | ||
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