Human Rights Act 1998 (Repeal and Substitution) Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Human Rights Act 1998 (Repeal and Substitution) Bill

Human Rights Act 1998 (Repeal and Substitution) Bill
Schedule 2 — Remedial orders
19

Limitation on use of restrictions on rights
Article 21

The restrictions permitted under this Schedule to the said rights and
freedoms shall not be applied for any purpose other than those for which
they have been prescribed.
5
Certain limitations on application of rights
Article 22
1
The foregoing Articles in this Schedule are subject to this Article in their
application.
2
No person who is not a British citizen may rely on any Article in this
10
Schedule to delay, hinder or avoid deportation or other removal from the
United Kingdom.
3
A public authority may take such action in relation to a person as it believes
to be appropriate in the interests of national security or public safety if it
reasonably believes that there is a clear and present danger to national
15
security or public safety presented by that person; but such action shall not
include deprivation of life other than that permitted by Article 1 (read with
Article 2) or torture or inhuman or degrading treatment or punishment
(though, for the avoidance of doubt, such action may include extradition or
other removal from the United Kingdom).
20
Responsibilities
Article 23

A person’s basic responsibilities include—
(a)
obeying the law;
(b)
rendering civil or military service when his country requires his
25
support for its defence;
(c)
supporting, nurturing and protecting his minor children to the best
of his ability;
(d)
respecting and upholding basic public order, without placing
himself in significant danger;
30
(e)
seeking to support himself without recourse to a public authority to
the best of his ability, including but not limited to seeking work or
gainful employment where he is able; and
(f)
rendering help to other persons who are in need of assistance, where
reasonable and to the best of his ability, including but not limited to
35
help for elderly or disabled persons.
Schedule 2
Section 11(7)

Remedial orders
Orders
1     (1)
A remedial order may—
40

Human Rights Act 1998 (Repeal and Substitution) Bill
Schedule 2 — Remedial orders
20

(a)
contain such incidental, supplemental, consequential or transitional
provision as the person making it considers appropriate;
(b)
be made so as to have effect from a date earlier than that on which it
is made;
(c)
make provision for the delegation of specific functions;
5
(d)
make different provision for different cases.
      (2)
The power conferred by sub-paragraph (1)(a) includes—
(a)
power to amend primary legislation (including primary legislation
other than that which contains the incompatible provision); and
(b)
power to amend or revoke subordinate legislation (including
10
subordinate legislation
(c)
other than that which contains the incompatible provision).
      (3)
A remedial order may be made so as to have the same extent as the
legislation which it affects.
      (4)
No person is to be guilty of an offence solely as a result of the retrospective
15
effect of a remedial order.
Procedure
2
No remedial order may be made unless a draft of the order has been
approved by a resolution of each House of Parliament made after the end of
the period of 60 days beginning with the day on which the draft was laid.
20
3     (1)
No draft may be laid under paragraph 2 unless—
(a)
the person proposing to make the order has laid before Parliament a
document which contains a draft of the proposed order and the
required information; and
(b)
the period of 60 days, beginning with the day on which the
25
document required by this sub-paragraph was laid, has ended.
      (2)
If representations have been made during that period, the draft laid under
paragraph 2 must be accompanied by a statement containing—
(a)
a summary of the representations; and
(b)
if, as a result of the representations, the proposed order has been
30
changed, details of the changes.
Definitions
4
In this Schedule—
“representations” means representations about a proposed remedial
order made to the person proposing to make it and includes any
35
relevant Parliamentary report or resolution; and
“required information” means—
(a)
an explanation of the incompatibility which the proposed
order seeks to remove, including particulars of the relevant
declaration, finding or order; and
40
(b)
a statement of the reasons for proceeding under section 11
and for making an order in those terms.

Human Rights Act 1998 (Repeal and Substitution) Bill
Schedule 2 — Remedial orders
21

Calculating periods
5
In calculating any period for the purposes of this Schedule, 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.
5
6     (1)
This paragraph applies in relation to
(a)
any draft of a remedial order proposed to be made—
(i)
by the Scottish Ministers; or
(ii)
within devolved competence (within the meaning of the
Scotland Act 1998) by Her Majesty in Council; and
10
(b)
any document or statement to be laid in connection with such a
proposed order.
      (2)
This Schedule has effect in relation to any such proposed order, document
or statement subject to the following modifications.
      (3)
Any reference to Parliament, each House of Parliament or both Houses of
15
Parliament shall be construed as a reference to the Scottish Parliament.
      (4)
Paragraph 5 does not apply and instead, in calculating any period for the
purposes of this Schedule, no account is to be taken of any time during
which the Scottish Parliament is dissolved or is in recess for more than four
days.
20