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Human Rights Act 1998

1998 CHAPTER 42

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:—

[Extent Information

E1For the extent of this Act outside the U.K., see s. 22(6)(7)

Modifications etc. (not altering text)

C1Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500arts. 34Sch. 1 para. 5

C2Act (except ss. 5, 10, 18, 19 and Sch. 4): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by S.I. 2003/1887art. 4Sch. 1

C3Act modified (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2)ss. 2(8)9(3)]

Introduction

The Convention Rights.

(1) In this Act “the Convention rights” means the rights and fundamental freedoms set out in—

(a) Articles 2 to 12 and 14 of the Convention,

(b) Articles 1 to 3 of the First Protocol, and

(c) [F1Article 1 of the Thirteenth Protocol],

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 [F2Secretary 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—

(a) which the United Kingdom has ratified; or

(b) which the United Kingdom has signed with a view to ratification.

(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.

 

[Textual Amendments

F2 Words in s. 1 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S. I. 2003/1887)art. 9Sch. 2 para. 10(1)]

 

14 Derogations

(1) In this Act “designated derogation” means—

  • F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • any derogation by the United Kingdom from an Article of the Convention, or of any protocol to the Convention, which is designated for the purposes of this Act in an order made by the [F17Secretary of State]

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a designated derogation is amended or replaced it ceases to be a designated derogation.

(4) But subsection (3) does not prevent the [F19Secretary of State] from exercising his power under subsection (1) F20. . . to make a fresh designation order in respect of the Article concerned.

(5) The [F21Secretary of State] must by order make such amendments to Schedule 3 as he considers appropriate to reflect—

(a) any designation order; or

(b) the effect of subsection (3).

(6) A designation order may be made in anticipation of the making by the United Kingdom of a proposed derogation.

 

[Textual Amendments

F16S. 14(1): from “(a)” to “(b)” repealed (1.4.2001) by S.I. 2001/1216art. 2(a)

F18S. 14(2) repealed (1.4.2001) by S.I. 2001/1216art. 2(b)

F20S. 14(4): “(b)” repealed (1.4.2001) by S.I. 2001/1216art. 2(c)

F21Words in s. 14 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S. I. 2003/1887)art. 9Sch. 2 para. 10(1)]

 

16 Period for which designated derogations have effect.

(1) If it has not already been withdrawn by the United Kingdom, a designated derogation ceases to have effect for the purposes of this Act—

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • . . ., at the end of the period of five years beginning with the date on which the order designating it was made.

(2) At any time before the period—

(a) fixed by subsection (1) F26. . ., or

(b) extended by an order under this subsection,

comes to an end, the [F27Secretary of State] may by order extend it by a further period of five years.

(3) An order under section 14(1) F28. . . ceases to have effect at the end of the period for consideration, unless a resolution has been passed by each House approving the order.

(4) Subsection (3) does not affect—

(a) anything done in reliance on the order; or

(b) the power to make a fresh order under section 14(1) F28. . ..

(5) In subsection (3) “period for consideration” means the period of forty days beginning with the day on which the order was made.

(6) In calculating the period for consideration, no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued; or

(b) both Houses are adjourned for more than four days.

(7) If a designated derogation is withdrawn by the United Kingdom, the [F29Secretary of State] must by order make such amendments to this Act as he considers are required to reflect that withdrawal.

 

[Textual Amendments

F25S. 16(1): words from “(a)” to “any other derogation” repealed (1.4.2001) by S.I. 2001/1216art. 3(a)

F26Words in s. 16(2)(a) repealed (1.4.2001) by S.I. 2001/1216art. 3(b)

F28S. 16(3)(4)(b): “(b)” repealed (1.4.2001) by S.I. 2001/1216art. 3(c)(d)