Human Rights Act 1998
1998 Chapter 42 - continued
Public authorities - continued

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Judicial acts.     9. - (1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only-
 
 
    (a) by exercising a right of appeal;
 
    (b) on an application (in Scotland a petition) for judicial review; or
 
    (c) in such other forum as may be prescribed by rules.
      (2) That does not affect any rule of law which prevents a court from being the subject of judicial review.
 
      (3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention.
 
      (4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.
 
      (5) In this section-
 
 
    "appropriate person" means the Minister responsible for the court concerned, or a person or government department nominated by him;
 
    "court" includes a tribunal;
 
    "judge" includes a member of a tribunal, a justice of the peace and a clerk or other officer entitled to exercise the jurisdiction of a court;
 
    "judicial act" means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and
 
    "rules" has the same meaning as in section 7(9).
 
Remedial action
Power to take remedial action.     10. - (1) This section applies if-
 
 
    (a) a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies-
 
      (i) all persons who may appeal have stated in writing that they do not intend to do so;
 
      (ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or
 
      (iii) an appeal brought within that time has been determined or abandoned; or
 
    (b) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.
      (2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
 
      (3) If, in the case of subordinate legislation, a Minister of the Crown considers-
 
 
    (a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
 
    (b) that there are compelling reasons for proceeding under this section,
  he may by order make such amendments to the primary legislation as he considers necessary.
 
      (4) This section also applies where the provision in question is in subordinate legislation and has been quashed, or declared invalid, by reason of incompatibility with a Convention right and the Minister proposes to proceed under paragraph 2(b) of Schedule 2.
 
      (5) If the legislation is an Order in Council, the power conferred by subsection (2) or (3) is exercisable by Her Majesty in Council.
 
      (6) In this section "legislation" does not include a Measure of the Church Assembly or of the General Synod of the Church of England.
 
      (7) Schedule 2 makes further provision about remedial orders.
 
 
Other rights and proceedings
Safeguard for existing human rights.     11. A person's reliance on a Convention right does not restrict-
 
 
    (a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
 
    (b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9.
Freedom of expression.     12. - (1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression.
 
      (2) If the person against whom the application for relief is made ("the respondent") is neither present nor represented, no such relief is to be granted unless the court is satisfied-
 
 
    (a) that the applicant has taken all practicable steps to notify the respondent; or
 
    (b) that there are compelling reasons why the respondent should not be notified.
      (3) No such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed.
 
      (4) The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to-
 
 
    (a) the extent to which-
 
      (i) the material has, or is about to, become available to the public; or
 
      (ii) it is, or would be, in the public interest for the material to be published;
 
    (b) any relevant privacy code.
      (5) In this section-
 
 
    "court" includes a tribunal; and
 
    "relief" includes any remedy or order (other than in criminal proceedings).
Freedom of thought, conscience and religion.     13. - (1) If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right.
 
      (2) In this section "court" includes a tribunal.
 
 
Derogations and reservations
Derogations.     14. - (1) In this Act "designated derogation" means-
 
 
    (a) the United Kingdom's derogation from Article 5(3) of the Convention; and
 
    (b) 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 Secretary of State.
      (2) The derogation referred to in subsection (1)(a) is set out in Part I of Schedule 3.
 
      (3) If a designated derogation is amended or replaced it ceases to be a designated derogation.
 
      (4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned.
 
      (5) The Secretary 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.
 
Reservations.     15. - (1) In this Act "designated reservation" means-
 
 
    (a) the United Kingdom's reservation to Article 2 of the First Protocol to the Convention; and
 
    (b) any other reservation by the United Kingdom to 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 Secretary of State.
      (2) The text of the reservation referred to in subsection (1)(a) is set out in Part II of Schedule 3.
 
      (3) If a designated reservation is withdrawn wholly or in part it ceases to be a designated reservation.
 
      (4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned.
 
      (5) The Secretary of State must by order make such amendments to this Act as he considers appropriate to reflect-
 
 
    (a) any designation order; or
 
    (b) the effect of subsection (3).
Period for which designated derogations have effect.     16. - (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-
 
 
    (a) in the case of the derogation referred to in section 14(1)(a), at the end of the period of five years beginning with the date on which section 1(2) came into force;
 
    (b) in the case of any other derogation, 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)(a) or (b), or
 
    (b) extended by an order under this subsection,
  comes to an end, the Secretary of State may by order extend it by a further period of five years.
 
      (3) An order under section 14(1)(b) 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)(b).
      (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 Secretary of State must by order make such amendments to this Act as he considers are required to reflect that withdrawal.
 
Periodic review of designated reservations.     17. - (1) The appropriate Minister must review the designated reservation referred to in section 15(1)(a)-
 
 
    (a) before the end of the period of five years beginning with the date on which section 1(2) came into force; and
 
    (b) if that designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3).
      (2) The appropriate Minister must review each of the other designated reservations (if any)-
 
 
    (a) before the end of the period of five years beginning with the date on which the order designating the reservation first came into force; and
 
    (b) if the designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3).
      (3) The Minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.
 
 
 
 
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Prepared 13 November 1998